Order 1

Order Details: Order Below EX 1
Pdf Text: MHMM180108652025 Summary Cases/554/2025
M/s Budhpur Buildcon Pvt Ltd through its
authorised representative Mr Akshay Sudhakar
Bhalerao Vs. Lamak Moizhusen Bohari
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.
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. The
cheque is issued by accused No.2. No prima facie evidence found against
accused No.1. The accused No.2 is 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 for dishonor of cheque and failure to pay the
cheque amount on demand. Hence, issue process against the accused No.2
for the offences punishable u/sec.138 of Negotiable Instrument Act on P.F.
4. Issue summons to accused No.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.2 to pay the amount of cheque in
question on the first date of her appearance in the case as per the guidlines of
Honourable Supreme Court.
5. Process R/o.20.01.2026.
Mumbai, (M. P. Saraf)
Dated : 10.10.2025 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 : 10.10.2025.
Transcribed and Typed on : 10.10.2025.
Order printed and Signed on : 10.10.2025.
Order Uploaded on : 10.10.2025.
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