Order 2

Order Details: Order Below EX 1
Pdf Text: MHMM180106642024 Summary Cases/5800472/2024
Shahzad Ali Mohd Ali Vs. Kamlesh Motilal Yadav
IN THE COURT OF JUDICIAL MAGISTRATE(FIRST CLASS),
58TH COURT, BANDRA, MUMBAI
ORDER BELOW EXH.1
Accused heard on the point of taking cognizance of the complaint under
section 223 of BNSS, 2023. Perused reply filed by the accused alongwith various
documents to the notice.
2. Issuance of cheque under Agreement, its dishonor is admitted. All issues
relating to existence of liability or who made breach of an Agreement etc. are the
issues triable during the trial. What is to be looked into at this stage is only
whether court has jurisdiction, whether demand as contemplated under section
138(b) of the Negotiable Instrument Act is made within the statutory limit.
Other aspects are not at all to be considered at this juncture. Prima facie
substance made out to take cognizance of the complaint.
3. Read complaint, verification statement. The contents of the complaint are
supported by affidavit and relevant documents. The accused is not resident
within the limits of jurisdiction of this court. However, during inquiry u/sec.225
of BNSS, 2023, it reveals that cause of action has arose within the limits of
jurisdiction of this court.
4. On the basis of inquiry and documents on record, prima facie substance is
found to proceed against accused for dishonour of cheque and failure to pay the
cheque amount on demand. Hence, issue process against the accused for the
offences punishable u/sec.138 of N.I.Act on P.F. vide section 227 of BNNS 2023.
5. The summons to accused 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 to pay the
amount of cheque on the first date of his appearance in the case as per the
guidlines of Honourable Supreme Court. Process R/o.11.11.2025.
Mumbai, (M. P. Saraf)
Dated : 04.08.2025 Judicial Magistrate(First Class),
58th Court, Bandra, Mumbai.
J.O.Code – MH01362
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2 Summary Cases/5800472/2024
Process Issue Order Below 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 : Judicial Magistrate(First Class), 58th Court, Bandra,
Mumbai.
Dictated in open court on : 04.08.2025.
Transcribed and Typed on : 04.08.2025.
Order printed and Signed on : 04.08.2025.
Order Uploaded on : 04.08.2025.
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