Interim Order 1

Pdf Text: ORDER BELOW EXH. 1 IN C. C. NO. 3951/SS/2018
Perused complaint, verification of complainant recorded on
affidavit U/Sec 200 of the Code of the Criminal Procedure. I have also
gone through entire documents filed on behalf of complainant minutely.
By the order dated 03/04/2019 complainant was directed to argue on the
point of differences of name in the heading of title of the complaint and in
the disputed cheque. Accordingly, today complainant has produced on
record several documents. From those documents it prima facie transpires
that Mr. Iyuf Ameersaf and S.A. Ayoob is the one and same. I found there
is much substance in the complaint and there is enough material before
Court to proceed against the accused by invoking provisions contemplated
under Section 138 of the Negotiable Instrument Act. Resultantly, I pass the
following order :
i. Issue process against the accused for the offence punishable
u/s. 138 of Negotiable Instrument Act. Returnable on 24/03/2020 at 11.00
am.
ii. In addition to and simultaneously, complainant is further
directed to collect the summons issued against the accused at the earliest,
for service.
iii. In view of directions issued under E-court project by the
Hon'ble C. M. M. Office, Esplanade, the accused summons be issued
through e-mail, if any. Complainant to comply.
Sd/-
(Ketaki M. Chavan)
Metropolitan Magistrate,
Date : 18/10/2019 63rd Court, Andheri, Mumbai.
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