Interim Order 2

Order Details: Order Below EX 1
Pdf Text: MHMM180124232024
Summary Cases/5800605/2024
Ms Olympia Games And Toys Pvt Ltd Vs. AMARSINGH
RAMSWARUPSINGH RAJPUROHIT Proprietor of Ms SHANKER FANCY
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 the accused.
2. The contents of the complaint are supported by affidavit. The
cheque in question is issued by accused No.2 for the legal liability or debt. No
prima facie evidence found against accused No.1 and 3. Accused No.2 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 accused No.2 on the basis of inquiry held and documents on record.
Prima facie substance is found to proceed against accused No.2 for dishonour of
cheque and failure to pay the cheque amount on demand. Hence, issue process
against accused No.2 for the offences punishable u/sec.138 of Negotiable
Instrument Act on P.F. vide section 227 of BNNS 2023.
3. The summons to accused No.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 accused No.2 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.
4. Process R/o.12.08.2025
Mumbai, (M. P. Saraf)
Dated : 25.04.2025 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 : Ms Shama Nitin Naiksatam
Court : Judicial Magistrate(First Class), 58th Court, Bandra,
Mumbai.
Dictated in open court on : 25.04.2025.
Transcribed and Typed on : 25.04.2025.
Order printed and Signed on : 25.04.2025.
Order Uploaded on : 25.04.2025.
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