Order 2

Order Details: Order Below EX 1
Pdf Text: MHMM180129342024 Summary Cases/5800637/2024
Ramlakhan Ramswaroop Gupta Vs. Shivkumar
Banwarilal Vishwakarma
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 to the accused, no legal
necessity appears 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. The
cheque is issued by accused. The accused is not resident within the limits of
jurisdiction of this court. However, during inquiry u/sec.202 of Cr.P.C. and
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
offences 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 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.
5. Process R/o.27.01.2026.
Mumbai, (M. P. Saraf)
Dated : 08.10.2025 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 : 08.10.2025.
Transcribed and Typed on : 08.10.2025.
Order printed and Signed on : 08.10.2025.
Order Uploaded on : 09.10.2025.
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