Order 2

Order Details: Order Below EX 1
Pdf Text: MHMM180129022024
Summary Cases/5800634/2024
BASUDEV BISWAS Vs. TARAK MAHASUKHLAL MEHTA
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. No prima facie evidence found
against accsued No.2. The accused No.1 failed to excercise right of hearing
U/sec.223 of BNNS 2023 despite due service of notice by registered post upon
him.
2. The contents of the complaint are supported by affidavit. The
cheque in question is issued by accused No.1 for the legal liability or debt. The
accused No.1 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.1 on the basis of inquiry held and
documents on record. Prima facie substance is found to proceed against accused
for dishonour of cheque and failure to pay the cheque amount on demand.
Hence, issue process against the accused No.1 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 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 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.17.06.2025
Mumbai, (M. P. Saraf)
Dated : 05.03.2025 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 : 05.03.2025.
Transcribed and Typed on : 05.03.2025.
Order printed and Signed on : 05.03.2025.
Order Uploaded on : 06.03.2025.
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