Order 1

Order Details: Order Below EX 1
Pdf Text: 1 Case No.597/SC/2025.
MHMM180133062025
IN THE COURT OF THE JUDICIAL MAGISTRATE (FIRST CLASS)
AT COURT NO.58, BANDRA, MUMBAI
Summary Case No.597/SC/2025
Phoenix ARC Pvt Ltd Through Ms Anisha Shinde
Associate Vice President
...Complainant.
V/s.
M/s MH Infraprojects Limited ...Accused
ORDER BELOW EXHIBIT- 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.
3. Averments made in the complaint are supported by an
affidavit. Accused No.1 is Company and Accused No.2 to 6 are
Directors of the Company. Accused No.7 is CFO and Accused no.8 is
the CEO of Accused no.1. Accused are responsible for day to day
affairs of accused No.1. The cheque is issued for debt of accused
No.1. The address of accused No.1 to 8 are not 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
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2 Case No.597/SC/2025.
jurisdiction of this court. I found
prima- facie substance and grounds
to proceed against accused Nos.1 to 8 for dishonor of cheque and
failure to pay the cheque amount on demand. Hence, issue process
against the accused Nos.1 to 8 for the offence punishable u/sec.138
r/w. 141 of Negotiable Instrument Act on P. F.
4. Issue summons to accused Nos.1 to 8 along with the copy
of the complaint, all documents and copy of affidavit of complainant's
evidence with specific remarks as to liberty of accused Nos.1 to 8 to
make an application for compounding of an offence and to pay the
amount of cheque in question on the first date of hearing of the case
as per the guidelines of Honourable Supreme Court.
5. Simultaneous service of summon to the accused by Dasti
mode (Hamdust), electronic means that is E-mail, Messaging
Application is allowed. Process R/o. 26.11.2026
Sd/-
(B.S. Sankpal)
Judicial Magistrate (First Class)
Date : 28.08.2026 58th Court, Bandra, Mumbai.
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