Order 2

Order Details: Order Below EX 1
Pdf Text: MHMM180111642024
Summary Cases/5800496/2024
Ajay Laxman Poojari Vs. JMK Decor
IN THE COURT OF JUDICIAL MAGISTRATE(FIRST CLASS),
58TH COURT, BANDRA, MUMBAI
ORDER BELOW EXH.1
Read the complaint, verification. Perused the documents filed on
record. Heard advocate for the complainant. The accused failed to excersise
right of hearing U/sec 223 of BNNS 2023 despite due service of notice by
registered post upon him.
2. The contents of the complaint are supported by affidavit. Accused
No.2 is a proprietor of accused No.1 Proprietory firm M/s.JMK DECOR. The
cheque in question is issued by accused No.2 for the debt of proprietorship firm
of which he is proprietor. 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. I found substance and grounds to proceed against only accused No.1 and
2 on the basis of inquiry held and documents on record. Prima facie substance is
found to proceed against accused No.1 and 2 for dishonour of cheque and failure
to pay the cheque amount on demand. Hence, issue process against the accused
No.1 and 2 for the offences punishable u/sec.138 of Negotiable Instrument Act
on P.F. vide secion 227 of BNSS 2023.
3. The summons to accused No.1 and 2 only 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 in question on the first date of their appearance in
the case as per the guidlines of Honourable Supreme Court.
4. Process R/o.02.08.2025.
Mumbai, (M. P. Saraf)
Dated : 06.06.2025 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 : 06.06.2025.
Transcribed and Typed on : 06.06.2025.
Order printed and Signed on : 06.06.2025.
Order Uploaded on : 06.06.2025.
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