Interim Order 1

Order Details: Order Below EX 1
Pdf Text: MHMM180154922025 Summary Cases/720/2025
KOTAK MAHINDRA BANK LTD Vs. Ajay Amar
Singh
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. The
cheque is issued by accused No.1. 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 prima facie substance and grounds to proceed against accused
No.1 only for dishonor of cheque and failure to pay the cheque amount on
demand. Hence, issue process against accused No.1 only for the offence
punishable u/sec.138 of Negotiable Instrument Act on P.F.
4. Issue summons to accused No.1 alongwith the copy of the complaint, all
documents and copy of affidavit of complainant's evidence with specific remarks
as to liberty of accused No.1 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 the accused No.1 by Dasti mode
(Hamdust), electronic means that is E-mail, Messeging Application is allowed.
Process R/o.06.03.2026.
Mumbai, (M. P. Saraf)
Dated : 23.12.2025 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 : 23.12.2025
Transcribed and Typed on : 23.12.2025
Order printed and Signed on : 23.12.2025
Order Uploaded on : 23.12.2025
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