Interim Order 1

Order Details: Order Below EX 1
Pdf Text: MHMM180146892025 Summary Cases/646/2025
Kotak Mahindra Bank Limited through its
representative Mr Dipesh Laxman Kamble Vs.
M/s Sonia Construction
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.
3. Averments made in the complaint are supported by an affidavit. Accused
No.1 is a Proprietary Firm and accused No.2 is responsible for day to day affairs of
accused No.1 firm. Accused No.2 is signatory of the cheque. The cheque is issued for
debt of accused No.1 firm. No prima facie evidence found against accused No.3. The
accused are 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 prima facie substance and
grounds to proceed against accused Nos.1 and 2 only for dishonor of cheque and
failure to pay the cheque amount on demand. Hence, issue process against accused
Nos.1 and 2 only for the offence punishable u/sec.138 r/w. 141 of Negotiable
Instrument Act on P.F.
4. Issue summons to accused Nos.1 and 2 only alongwith 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 and 2 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 guidlines of Honourable Supreme Court.
5. Simultenious service of summon to accused Nos.1 and 2 only by Dasti mode
(Hamdust), electronic means that is E-mail, Messeging Application is allowed.
Process R/o.29.04.2026.
Mumbai, (M. P. Saraf)
Dated : 10.02.2026 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 : 10.02.2026
Transcribed and Typed on : 10.02.2026
Order printed and Signed on : 10.02.2026
Order Uploaded on : 10.02.2026
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