Order 1

Order Details: Order Below EX 1
Pdf Text: ... 1 ... C.C.No.5800786/SC/2022
MHMM180122952022
C.C.No.5800786/SC/2022
M/S M AMIN AND COMPANY Vs.
M/S UNIQUE SURFACE COATING
AND PAINTS
IN THE COURT OF METROPOLITAN MAGISTRATE, 58TH COURT, BANDRA,
MUMBAI
ORDER BELOW EXH.1
Read the complaint, verification. Perused the documents filed on
record. Heard the Ld. Counsel for the complainant. The contents of the
complaint are supported by affidavit. Accused No.1 is a Proprietory firm and
accused No.2 is proprietor of accused No.1 firm. The cheque in question is issued
by the accused No.2. The accused is not residents within the limits of jurisdiction
of this court. However, during inquiry u/sec.202 of Cr.P.C. 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 the
accused 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 r/w.sec.141 of Negotiable Instrument Act on P.F.
2. The summons to the accused No.1 and 2 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 the
accused to pay the amount of cheque in question on the first date of his
appearance in the case as per the guidlines of Honourable Supreme Court.
3. Process R/o.29.09.2023.
Mumbai, (M.P.Saraf)
Dated : 20.06.2023 Metropolitan Magistrate,
58th Court, Bandra, Mumbai.
J.O.Code MH01362
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