Order 2

Order Details: Order Below EX 1
Pdf Text: MHMM180111722024
Summary Cases/5800499/2024
M/s Soumil Steel Industries Vs. Jay Enterprises
IN THE COURT OF JUDICIAL MAGISTRATE (FIRST CLASS),
58TH COURT, BANDRA, MUMBAI
ORDER BELOW EXH.01
Read the complaint, verification. Perused the documents filed on record.
Heard advocate for the complainant. Heard advocate for the accused before taking
cognizance of the complaint. He submitted that accused No.4 is not the partner of
accused No.1 firm. Accused No.3 has no role to be played in the transaction merely
because of partner of accused No.1 etc. Prima facie case is made out against accused
No.1 to 3. Question of liability is to be decided at the time of trial. On the basis of
right under section 223 of BNSS, the accused No.3 can not be dropped at threshold
without giving opportunity to the complainant during trial.
2. The contents of the complaint are supported by affidavit. Accused No.1 is the
Partnership Firm. Accused No.2 and 3 are partners of accused No.1. No prima facie
evidence found against accused No.4. The cheque in question is issued for accused
No.1 Firm. The accused are not residents within the limits of jurisdiction of this
court. However, during inquiry u/sec.225 of BNSS, 2023, 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 Nos.1 to 3 for
dishonour of cheque and failure to pay the cheque amount on demand. Hence, issue
process against the accused Nos.1 to 3 for the offences punishable u/sec.138
r/w.sec.141 of Negotiable Instrument Act on P.F.
3. The summons to accused No.1 to 3 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 3 to
pay the amount of cheque in question on the first date of their appearance in the
case as per the guidelines of Honourable Supreme Court.
4. Process R/o.20.09.2025.
( M. P. Saraf )
Judicial Magistrate(First Class),
Date : 05.07.2025 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 : 05.07.2025.
Transcribed and Typed on : 05.07.2025.
Order printed and Signed on : 05.07.2025.
Order Uploaded on : 05.07.2025.
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