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Summary case

Himmat Lalchand JainVsDHANJI DEVELOPERS +2 more

CNR MHMM12003501202356-Judicial Magistrate First Class 56th Court
Sewri, MM Court
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ACQUITTED.
Decision Date: 27th February 2025

TrustJury record updated 08 Oct 2026

Case Overview

Registration Number
5600648/2023
Registration Date
08 Jun 2023

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    4

    Acts & Sections

    1
    Negotiable Instruments (Amendment) Act · Sec 138

    Case History / Proceedings

    Case History
    Date: 05-07-2023
    Business: Complainant present,adv present,
    Exh-1- Complaint.
    Exh-2-pursis /Affidavat in suport of complaint.
    Exh-3- V.P.
    Exh-4-file verification statement
    R  R
    Exh-5-Evidence affidavit.
    R  R
    Exh-6--list of original documents.
    Filed,
    Issue process against  the accused
    order passed below  Exh-1-
    Next Purpose: NOT HEARD CASES
    Next Hearing Date: 18-08-2023
    
    Date: 18-08-2023
    Business: Complainant absent, adv present,
    Accused absent,  adv present,
    Exh-7-VP - for accused seen and filed,
    Exh-8- exemption for accused   granted,
    Exh -9- Plea of accused recorded.
    Accused pleaded not guilty.
    for  evidence.
    Next Purpose: HEARING AT 11.00 AM
    Next Hearing Date: 11-09-2023
    
    Date: 11-09-2023
    Business: Complainant present, adv present,
    Accused present,adv present,
    List of document,
    Exh-10- letter,
    Exh-11-  confirmation of account,
    Exh-12-Cheque,
    Exh-13-Memo,
    Exh-14-Notice,
    Exh-15- postal receipt,collectively,
    Exh-16- AD card, collectively,
    Exh-17- track consignment,
    Exh-18- undertaking,  filed,
    for evidence,
    Next Purpose: PART HEARD CASES AT 11.00 AM
    Next Hearing Date: 03-10-2023
    
    Date: 03-10-2023
    Business: Complainant absent,adv present,
    Accused absent,adv present,
    by consent, for evidence,
    Next Purpose: PART HEARD CASES AT 11.00 AM
    Next Hearing Date: 18-10-2023
    
    Date: 18-10-2023
    Business: Complainant absent,adv present,
    Accused absent,adv present,
    for evidence,
    Next Purpose: PART HEARD CASES AT 11.00 AM
    Next Hearing Date: 30-10-2023
    
    Date: 30-10-2023
    Business: Complainant present, adv present,
    Accused present,  adv present,
    Exh-19-  application for PR /bail bond of accused.
    O  accused  be released of PR  bond of Rs  15 000/- and on condition,
    Exh-20-21- PR  bond of accused.
    for  evidence.
    Next Purpose: PART HEARD CASES AT 11.00 AM
    Next Hearing Date: 28-11-2023
    
    Date: 28-11-2023
    Business: Complainant present,adv present,
    Accused absent,adv present,
    for evidence,
    Next Purpose: PART HEARD CASES AT 11.00 AM
    Next Hearing Date: 15-12-2023
    
    Date: 15-12-2023
    Business: Complainant present,adv present,
    Accused absent,adv present,
    for evidence,
    Next Purpose: PART HEARD CASES AT 11.00 AM
    Next Hearing Date: 21-12-2023
    
    Date: 21-12-2023
    Business: Ld MM is on   leave.
    Charge  with Ld MM 6 th court,Mazgaon,
    Board discharged,
    Next Purpose: PART HEARD CASES AT 11.00 AM
    Next Hearing Date: 10-01-2024
    
    Date: 10-01-2024
    Business: Complainant present, adv present,
    Accused absent, adv present,
    For  evidence,
    Next Purpose: PART HEARD CASES AT 11.00 AM
    Next Hearing Date: 31-01-2024
    
    Date: 31-01-2024
    Business: Complainant present, adv present,
    Accused absent, adv present,
    Exam in chief of the complainant by adv for complainant,
     cross exam by adv for accused,
    Cross over.
    No re exam.
    For further evidence,
    Next Purpose: PART HEARD CASES AT 11.00 AM
    Next Hearing Date: 13-02-2024
    
    Date: 13-02-2024
    Business: Complainant absent,adv present,
    Accused absent,adv present,
    Exh-22- application for bank witness, allowed,
    for evidence,
    Next Purpose: PART HEARD CASES AT 11.00 AM
    Next Hearing Date: 07-03-2024
    
    Date: 07-03-2024
    Business: Complainant absent,adv present,
    Accused absent,adv present,
    for evidence, by consent,
    Next Purpose: PART HEARD CASES AT 11.00 AM
    Next Hearing Date: 28-03-2024
    
    Date: 28-03-2024
    Business: Complainant absent, adv present,
    Accused absent, adv present,
    Exh-  23  -CW No 2  on oath,
    Name  Anand Kuri,
    Age- 48  years, occ   Sr Manager,
    Res-  Titwala
    Exam in chief by adv for complainant,
    Exh-24- list of document,
    Exh-25- letter,
    Exh-26- A/c detail,
    Exh-27-28-A/c opining form,
    cross by adv for accused,
    Cross examination over.
    No re examination,
    Exh-29- closing pursis,  seen,
    Next Purpose: STATEMENT OF ACCUSED
    Next Hearing Date: 18-04-2024
    
    Date: 18-04-2024
    Business: Complainant absent,adv present,
    Accused absent,adv present,
    Exh-30-31-32- statement of the accused recorded through adv,
    Next Purpose: ARGUMENT
    Next Hearing Date: 10-05-2024
    
    Date: 10-05-2024
    Business: Ld MM is on   leave.
    Charge  with Ld MM 6 th court,Mazgaon,
    Board discharged,
    Next Purpose: ARGUMENT
    Next Hearing Date: 20-06-2024
    
    Date: 20-06-2024
    Business: Complainant absent,adv present,
    Accused absent,adv present,
    Argument heard from adv for complainant, for other side argument,
    Next Purpose: ARGUMENT
    Next Hearing Date: 09-07-2024
    
    Date: 09-07-2024
    Business: Complainant absent, adv present,
    Accused absent, adv present,
    Next Purpose: ARGUMENT
    Next Hearing Date: 03-08-2024
    
    Date: 03-08-2024
    Business: Complainant absent, adv present,
    Accused absent, adv absent,
    Next Purpose: ARGUMENT
    Next Hearing Date: 24-09-2024
    
    Date: 24-09-2024
    Business: Complainant absent, adv present,
    Accused absent, adv absent,
    Next Purpose: LOK-NYAYALAYA
    Next Hearing Date: 14-12-2024
    
    Date: 14-12-2024
    Business: Ld Panel head is Present
    Ld Panel Members are Present
    Both party absent. Matter is not settled
    Next Purpose: LOK-NYAYALAYA
    Next Hearing Date: 02-01-2025
    
    Date: 02-01-2025
    Business: Complainant absent,adv present,
    Accused absent,adv present,
    Argument heard from both the side,
    Next Purpose: FOR ARGUMENT AT 2 45 P.M.
    Next Hearing Date: 03-01-2025
    
    Date: 03-01-2025
    Business: Case taken on today s board,
    Exh-33- citation file by adv for accused,
    Next Purpose: FOR ARGUMENT AT 2 45 P.M.
    Next Hearing Date: 17-01-2025
    
    Date: 17-01-2025
    Business: Complainant absent,adv present,
    Accused absent,adv present,
    Exh-34- pursis for expire of the accused no 2. seen,
    Next Purpose: FOR ARGUMENT AT 2 45 P.M.
    Next Hearing Date: 24-01-2025
    
    Date: 24-01-2025
    Business: Complainant absent,adv present,
    Accused absent,adv present,
    Next Purpose: JUDGEMENT (2.45 P.M.)
    Next Hearing Date: 01-02-2025
    
    Date: 01-02-2025
    Business: Ld JMFC is on   leave.
    Charge  with Ld JMFC 6 th court,Mazgaon,
    Board discharged,
    Next Purpose: JUDGEMENT (2.45 P.M.)
    Next Hearing Date: 06-02-2025
    
    Date: 06-02-2025
    Business: Ld JMFC is on   leave.
    Charge  with Ld JMFC 6 th court,Mazgaon,
    Board discharged,
    Next Purpose: JUDGEMENT (2.45 P.M.)
    Next Hearing Date: 10-02-2025
    
    Date: 10-02-2025
    Business: Complainant absent. adv. Present
    Accused absent adv. Present
    for report
    Next Purpose: Awaiting execution of service NBW
    Next Hearing Date: 27-02-2025
    
    Date: 27-02-2025
    Business: Complainant absent,adv absent.
    Accused absent, adv present,
    Exh-35- Judgment  pronounce,
    Accused   no 3 is acquitted of the offence p/u/s 138 of NI Act,The Bail bond of accused stand   canceled,
    The accused no 3  shall execute bail bond with sureties i e PB and SB of Rs 15,000/- to appear before next appellate court. u/s 437 A of cri.p.c. The judgment pronounced in open court,
    The proceeding against the accused no 2. Dhanji Gala the proprietor of M/s  Dhanji Developers are disposed off as abated.
    All court fee stamps are canceled and punched,
    Nature Of Disposal: ACQUITTED.
    Disposal Date: 27-02-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 203627/2023
    Filing Date: 24-05-2023
    First Hearing Date: 05th July 2023
    Decision Date: 27th February 2025
    Court Number And Judge: 56-Judicial Magistrate First Class 56th Court

    Orders

    1
    Final Order 1Full order available
    27 Feb 2025

    Order Details: Copy of Judgment . Pdf Text: J u d g m e n t Himmat Lalchand Jain V/s. C.C. No.5600648/SC/2023 M/s Dhanji Developers (Para 44(i) of Chapter VI of Criminal Manual) MHMM12003 5012023 IN THE COURT OF JUDICIAL MAGISTRATE (FIRST CLASS) 56th COURT, MAZGAON, MUMBAI (Presided over by Avinash Walujkar) (Date of the Judgment:-27/02/2025) C.C.No.5600648/SC/2023 Offences punishable Under Section 138 of the Negotiable Instrument Act, 1881. Complainant Mr. Himmat Lalchand Jain R/o. Rajgiri Apartment, 702, B- Wing, 13…

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