Interim Order 1

Order Details: Order
Pdf Text: 1 C. C. NO. 1949/SS/2018
ORDER BELOW EXHIBIT NO. 82
The complainant has forwarded present application with a prayer to
issue witness summons to the branch manager of Kotak Mahindra Bank,
Andheri (E), Mumbai. He submitted that, the branch manager of concerned
branch may be directed to bring the bank account statement of the
complainant for month February 2018 along with authority letter and
certificate U/s. 2-A of Bankers Books of Evidence Act. The complainant
wants to examine this witness to prove the cheque returned memo.
Therefore, he prayed to allow the application.
2. I have called the say of accused and accused has filed his say on the
backside of this application. It is submitted by the accused that, the cross-
examination of the complainant is completed and the complainant
unnecessarily want to delay the proceeding. There is no need to examine
this witness. Therefore, lastly prayed to reject the application.
3. Heard. Perused the application and say.
4. The complaint is filed U/s. 138 of Negotiable Instruments Act. By way
of present application, the complainant has asked to issue witness summons
to the banker i.e. branch manager of Kotak Mahindra Bank, Andheri branch.
It is the submission of complainant that he wants to examine this witness to
prove the cheque returned memo. I have perused the cheque returned
memo and it seems that, it does not bears official mark of the bank.
Therefore, it seems necessary to issue witness summons to examine the
banker to grant an opportunity to the complainant to prove the cheque
returned memo. Hence, I pass following order:-
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2 C. C. NO. 1949/SS/2018
ORDER
1. Application is allowed.
2. Issue witness summons to the banker i.e. Kotak Mahindra
Bank, Andheri Branch with a direction to bring the
documents mentioned in the application.
3. Complainant should deposit witness allowance.
Date : 08/04/2026
Sd/-
(Y. P. Pujari)
Judicial Magistrate (First class)
48th Court, Andheri, Mumbai.
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