Interim Order 1

Pdf Text: ORDER BELOW EXH. 1 IN C. C. NO. 4748/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. Ld. Advocate for
complainant orally submitted that accused No.1 is proprietory concern and
accused No.2 is its proprietor as well as signatory of disputed cheque.
Prosecution against a proprietary concern is not maintainable as it is not a
legal entity or juridical person. However, prosecution against its proprietor
is maintainable. In view of circumstances stated above, it is crystal clear
that there is legal bar for issuing process against accused No.1. However,
there is enough material to proceed against accused No.2. Prima facie I
found there is substance in the complaint and there is enough material
before Court to proceed against accused No.2. Hence, I pass the following
order.:
i. Issue process against accused No.2 for the offence punishable
under Section 138 of Negotiable Instrument Act. Returnable on
03/04/2020 at 11.00 am.
ii. In addition to and simultaneously, complainant is further
directed to collect the summons issued against the accused No.2 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 No.2 summons be issued
through e-mail, if any. Complainant to comply.
Sd/-
(Ketaki M. Chavan)
Metropolitan Magistrate,
Date : 04/11/2019 63rd Court, Andheri, Mumbai.
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