Interim Order 2

Order Details: Order Below EX 1
Pdf Text: MHMM180115462024 Summary Cases/5800543/2024
Mr pankaj Wadher Vs. MR ARIVALAGAN
VARDHARAJ NAIDU
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. Therefore,
even though earlier notice is issued under section 223 of BNSS 2023 to the accused,
there appears no legal necessity to wait for report of the notice as expeditious trial is
warranted by law.
3. Averments made in the complaint are supported by an affidavit. Cheque is
issued by accused. 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 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 for the offence punishable u/sec.138 of Negotiable Instrument Act on P.F.
4. Issue summons to accused alongwith the copy of the complaint, all
documents and copy of affidavit of complainant's evidence with specific remarks as
to liberty of accused 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 accused by Dasti mode (Hamdust),
electronic means that is E-mail, Messeging Application is allowed. Process
R/o.04.03.2026.
Mumbai, (M. P. Saraf)
Dated : 12.12.2025 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 : 12.12.2025
Transcribed and Typed on : 12.12.2025
Order printed and Signed on : 12.12.2025
Order Uploaded on : 12.12.2025
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