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Interim Order 1

CNR MHMM18009817202201 Sept 2023
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Interim Order 1 · 01 Sept 2023 · CNR MHMM180098172022

Order Details: Order Below EX 1
Pdf Text: C.C.NO.675/SC/2022
Exh.01
MHMM180098172022
C.C.NO.675/SC/2022
IDFC FIRST BANK LIMITED Vs. JUMBO FINVEST
(INDIA) LIMITED
IN THE COURT OF METROPOLITAN MAGISTRATE, 58TH COURT, BANDRA,
MUMBAI
ORDER BELOW EXH.01
Read the complaint, verification. Perused the documents filed on
record. Heard the Ld. Counsel for the complainant. The contents of the complaint
are supported by affidavit. Though the cheques in question are issued in favour of
M/s.Capital First Limited, the same is amalgamated with the complainant banking
company vide merger petition and order of the Ld. MCLT, Chennai. The certificate of
Incorporation is on record. Accused No.2 to 7 are directors of accused No.1
company. As per the company’s Mater Data produced on record, accused No.2 and 7
are directors of accused No.1 company. The accused are not residents within the
limits of jurisdiction of this court. However, during inquiry u/sec.202 of Cr.P.C. it
reveals that cause of action is arose within the limits of jurisdiction of this court. I
found substance and grounds to proceed against the accused on the basis of inquiry
held and documents on record. Prima facie substance is found to proceed against
accused No.1 to 7 for dishonour of cheques and failure to pay the cheques amount on
demand. Hence, issue process against the accused Nos.1 to 7 for the offences
punishable u/sec.138 r/w.sec.141 of Negotiable Instrument Act on P.F.
2. The summons to accused No.1 to 7 be sent alongwith the copy of the
complaint, all documents annexed to the complaint and copy of affidavit of
complainant's evidence with specific remarks as to liberty of accused No.1 to 7 to pay
the amount of cheques in question on the first date of their appearance in the case as
per the guidelines of Honourable Supreme Court.
3. Process R/o.18.12.2023.
( M. P. Saraf )
Metropolitan Magistrate,
Date : 01.09.2023 58th Court, Bandra, Mumbai.
J.O.Code: MH01362
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C.C.NO.675/SC/2022
Exh.01
CERTIFICATE
I affirm that the contents of this P.D.F. file Order are same, word to word as per the
original Order.
Name of Stenographer : Mrs. Aditi Ravikiran Dalvi
Court : Metropolitan Magistrate, 58th Court, Bandra,
Mumbai.
Dictated in open court on : 01.09.2023.
Transcribed and Typed on : 01.09.2023.
Order printed and Signed on : 01.09.2023.
Order Uploaded on : 01.09.2023.
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