Date: 18-02-2022
Business: Case received from filling cell on 17.1.22
Case sent for registration
Complainant present with Adv
Exh.1 Complaint
Exh.2 Vakalatnama
Exh.3 Supporting affidavit
Exh.4 Verification --- Read and recorded
Exh.5 Affidavit of Examination-in-Chief--- Read and recorded
Exh.6 List of document --- Seen
order passed below Exh.1
issue process against accused U/sec 138 N.I. Act
Adj for summons report
Next Purpose: NOT HEARD CASES
Next Hearing Date: 04-04-2022
Date: 04-04-2022
Business: Complainant absent. Adv. present.
Accused present. Adv. present.
Exh.7 to Exh.9 AD Card.
Exh.10 Vakalatnama. -- Seen and filed.
Exh.11 Adv. for accused filed application for bail accused no.2 and 3. - Accused are released on P.R.Bond of Rs.15000/- for each.
Exh.12 and Exh.13 P. R. Bond.
Exh.14 Plea of accused.
Exh.15 Adv. for complainant made an application for on behalf of the complainant U/S.143A of N.I.Act for directing the accused to pay interim compensation of 20 percent of cheque amount to the complainant. - Other side to say.
Adj for Say on Exh.15/hearing.
Next Purpose: HEARING AT 11.00 AM
Next Hearing Date: 13-05-2022
Date: 13-05-2022
Business: Ld. M.M. Is on Concession leave charge with M.M.54th Court.
Board is Discharged Adj for
Next Purpose: HEARING AT 11.00 AM
Next Hearing Date: 27-06-2022
Date: 27-06-2022
Business: Complainant present . Adv present.
Accused present. Adv present.
Adj for Say on Exh.115 / hearing
Next Purpose: HEARING AT 11.00 AM
Next Hearing Date: 15-07-2022
Date: 15-07-2022
Business: Complainant present with Adv
Accused present. Adv absent.
Further Chief Examination of Complainant by Adv Prasad Rane continued on oath---
Exh.16 Copy of statement of Bank account
Article -A Copy of statement of bank account of 2013 to 2021
Article-B Copy of pass book of bank account
Exh.17 Cheque
Article -C Memo
Exh.18 Cheque depositing slip
Exh.19 demand notice
Exh.2o colly Six postal receipts
Exh.21 colly Six acknowledgment card
Exh.22 Reply to notice by accused
Exh.23 Rejoinder to reply by complainant
Exh.24 and Exh.25 Two origional cheques
Exh.26 colly Three letters given by LIC office
Cross examination by Adv for accused is absent.---
Matter is deferred till next date
Exh.27 Accused made an application for adjournment ---- granted subject to cost of Rs. 400/-
Adj for further cross
Next Purpose: PART HEARD CASES AT 11.00 AM
Next Hearing Date: 22-08-2022
Date: 22-08-2022
Business: Complainant present with Adv
Accused present. Adv present.
Cross examination by Adv Sharad Raut for accused---
Cross examination over
Exh.28 Adv for complainant made an application for issue witness summons --- granted
Adj for further evidence
Next Purpose: PART HEARD CASES AT 11.00 AM
Next Hearing Date: 14-09-2022
Date: 14-09-2022
Business: Complainant absent, Adv for complainant present.
Accused present.
Exh.29 Adv for complainant made an application for pursis – seen.
Exh.30 Deposistion of witness No.2 for complainant on S.A.
Name. Dashrath Ramchandra Wangde, Eamination-in-chief by Ld. Prasad Rane for the complainant.
Cross-examination by advocate Sharad Raut for accused.
Cross over.
Exh.31 Adv for complainant made an application for production of document – granted.
Exh.32 Statement of account.
Exh.33 Cheque return memo.
Exh.34 Certificate dt. 14/09/2022
Next Purpose: PART HEARD CASES AT 11.00 AM
Next Hearing Date: 28-09-2022
Date: 28-09-2022
Business: Complainant present with Adv
Both Accused present with Adv
Exh.35 and Exh.36 Statement of accused
Adj for Defence evidence
Next Purpose: PART HEARD CASES AT 11.00 AM
Next Hearing Date: 11-11-2022
Date: 11-11-2022
Business: Complainant absent. Adv present.
Accused absent. Adv present.
Exh.37 Adv for accused filed exemption application --- granted
Exh.38 Adv for complainant filed adjournment application --- granted subject to cost of Rs.300/-
Adj for Defence evidence
Next Purpose: PART HEARD CASES AT 11.00 AM
Next Hearing Date: 28-11-2022
Date: 28-11-2022
Business: Complainant present. Adv. present.
Accused present. Adv. present.
Exh.39 Deposition of witness no.1 Shantaram Gopal Birwadkar for accused on S.
Cross over.
Re-examination Nil.
Exh.40 Deposition of witness No.2 Sushant Shantaram Birwadkar for accused on S.A.
Cross over.
Re-examination Nil.
Adj for Defence evidence.
Next Purpose: PART HEARD CASES AT 11.00 AM
Next Hearing Date: 26-12-2022
Date: 26-12-2022
Business: Complainant absent. Adv present.
Accused present. Adv absent.
Exh.41 Accused made an application for adjournment ---- granted subject to cost of Rs. 300/- payable to opposite side
Adj for Defence evidence
Next Purpose: PART HEARD CASES AT 11.00 AM
Next Hearing Date: 17-01-2023
Date: 17-01-2023
Business: Complainant present with Adv
Accused present with Adv
Exh.42 Adv for accused filed evidence close pursis--- seen
Adj for Argument
Next Purpose: FOR FINAL ARGUMENT
Next Hearing Date: 01-02-2023
Date: 01-02-2023
Business: Complainant present with Adv
Accused absent. Adv present.
Exh.43 Adv for accused filed exemption application ---granted
Exh.44 Adv for accused filed adjournment application ---granted subject to cost of Rs. 300/-
Adj for Argument
Next Purpose: FOR FINAL ARGUMENT
Next Hearing Date: 13-02-2023
Date: 13-02-2023
Business: Complainant present with Adv
Accused present with Adv
Exh.45written Argument of behalf of complainant ---seen
Adj for further argument
Next Purpose: FOR FINAL ARGUMENT
Next Hearing Date: 21-02-2023
Date: 21-02-2023
Business: Complainant present with Adv
Accused No.2 present
Adj for further argument / Judgment
Next Purpose: FOR FINAL ARGUMENT
Next Hearing Date: 06-03-2023
Date: 06-03-2023
Business: Complainant absent . Adv present.
Accused No.1 present with Adv
Accused No.2 absent.
Exh.46 Adv for accused filed exemption application --- granted
Adj for further argument / Judgment
Next Purpose: FOR FINAL ARGUMENT
Next Hearing Date: 20-03-2023
Date: 20-03-2023
Business: Complainant absent. Adv present.
Accused No.2 present with Adv
Accused No.3 absent.
Exh.47 Adv for accused filed exemption application --- granted
Argument heard
Judgment pronounced in open court
Exh.48 Judgment
order
1. Accused NO.1 and 2 hereby convicted vide section 255-2 of Cr. P. C for the offence punishable U/sec 138 of N.I. Act
2. Accused No.2 is sentenced to suffer S.I. For One year
3. Accused No 1 and 2 are directed to pay to the complainant compensation to the tune of Rs.43,00,000/- in default, the accused to undergo S. I. For 3 month .
4. Accused NO.3 is acquitted vide section255 -1 of Cr.P.C. For the offence punishable U/sec 138 N.I. Act
5. The amount of compensation shall be paid to the complainant on due verification after the appeal period is over.
5. Accused No.2 to surrender his bail bonds.
6. Bail bondof A.No.3 stand cancelled
7. Accused NO.3 is directed to furnish P.R. Bond of Rs. 15000/- for the compliance of section 437-A of the code of Criminal proceduce
8. Copy of this judgment be supplied free of costs to the accused
Exh.49 Adv for accused filed an application for suspension of sentence ----granted till appeal period and Accused be released on P.R. Bond R.s 15000/-
Exh.50 Conviction bond A.No.2
Exh.51 P.R. No. of A.No.2
All Stamp and duly panch cancelled
Nature Of Disposal: JUDGMENT
Disposal Date: 20-03-2023
