Order 1

Order Details: Order
Pdf Text: C. C. No. 192/SS/2019
ORDER BELOW EXH. 13
Perused the complaint and affidavit of examination of chief filed
by complainant at Exh. 12. It is necessary to note here that Hon'ble Supreme
court in the case of Indian Bank Associations and others V/s. Union of India
and others [Writ Petition (Civil) No.162618 of 2013] has given certain
guidelines for speedy disposal of cases U/s. 138 of the N.I. Act. As per law
laid down in the case of Indian Bank Associations Case, complainant is
permitted to file evidence affidavit at the stage of verification itself and said
affidavit is to be used for the purpose of issue process as well as for evidence
also. In view of guidelines given in the said judgment, evidence affidavit of
complainant along with documents is accepted.
2. The complainant is confronted with list of documents Exh. 13.
Original cheque is marked as Exh. 26, Cheque returned memo is marked as
Exh. 27, Demand notice is marked as Exh. 28, postal receipt is marked as
Exh. 29, and track report is marked as Article-A. Except track report, all the
documents are original, therefore, they are admissible in evidence. Hence,
they are exhibited accordingly.
Date : 05/05/2026
Sd/-
(Y. P. Pujari)
Judicial Magistrate (First class)
48th Court, Andheri, Mumbai.
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