Order 1

Order Details: Order Below EX 1
Pdf Text: C.C.NO.789/SC/2022
Exh.01
MHMM180122982022
C.C.NO.789/SC/2022
ZIRCA DIGITAL SOLUTIONS PVT.
LTD. Vs. SSV TECHNOLOGIES
IN THE COURT OF METROPOLITAN MAGISTRATE, 58TH COURT, BANDRA,
MUMBAI
ORDER BELOW EXH.01
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 Partnership firm and accused Nos.2 is
its partner. The cheque in question is issued by accused No.2 being the partner of
accused No.1. The documents produced by the witness of the complainant prima
facie supports the complainant's allegations. The cheque in question is issued by
accused No.2 being the partner of accused No.1. All the partners are jointly and
severally liable to the act of any of the partners of accused No.1. The accused are 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 has 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 Nos.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 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 their appearance in the case as per
the guidelines of Honourable Supreme Court.
3. Process R/o.17.10.2023.
( M. P. Saraf )
Metropolitan Magistrate,
Date : 06.07.2023 58th Court, Bandra, Mumbai.
J.O.Code: MH01362
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