Order 2

Order Details: Order Below EX 1
Pdf Text: MHMM180100202024 Summary Cases/5800430/2024
Carambola Creations LlpVs. Katte Entertainment
Private Limited
IN THE COURT OF JUDICIAL MAGISTRATE(FIRST CLASS),
58TH COURT, BANDRA, MUMBAI
ORDER BELOW EXH.1
Read complaint and verification statement. Perused documents. Heard
advocate for the complainant. Heard advocate for accused.
2. In view of extensive Guidelines of Hon’ble Supreme Court in the case of
Sanjabij Tari Vs. Kishor S. Borcar, 2025, SCC Online S.C. 2069 dated 25.09.2025,
there is no necessity to issue notice under section 223 of BNSS 2023.
3. Averments made in the complaint are supported by an affidavit. Accused
No.1 is Private Limited Company and accused No.2 is its Managing Director.
Accused No.2 is responsible for day to day affairs of accused No.1 company. The
cheque is issued by accused No.2 for accused No.1. The accused are not resident
within the limits of jurisdiction of this court. However, during inquiry u/sec.202
of Cr.P.C. and u/sec.225 of BNSS 2023, it reveals that cause of action has arose
within the limits of jurisdiction of this court. I found prima facie substance and
grounds to proceed against accused Nos.1 and 2 for dishonor of cheque and
failure to pay the cheque amount on demand. Hence, issue process against the
accused Nos.1 and 2 for the offences punishable u/sec.138 r/w. 141 of
Negotiable Instrument Act on P.F.
4. Issue summons to accused No.1 and 2 alongwith the copy of the
complaint, all documents and copy of affidavit of complainant's evidence with
specific remarks as to liberty of accused No.1 and 2 to make an application for
compounding of an offence and to pay the amount of cheque in question on the
first date of hearing of the case as per the guidlines of Honourable Supreme
Court.
5. Simultenious service of summon to the accused by Dasti mode
(Hamdust), electronic means that is E-mail, Messeging Application is allowed.
Process R/o.27.01.2026.
Mumbai, (M. P. Saraf)
Dated : 29.10.2025 Judicial Magistrate(First Class),
58th Court, Bandra, Mumbai.
J.O.Code – MH01362
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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 : Judicial Magistrate(First Class), 58th Court, Bandra,
Mumbai.
Dictated in open court on : 29.10.2025
Transcribed and Typed on : 29.10.2025
Order printed and Signed on : 29.10.2025
Order Uploaded on : 29.10.2025
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