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Summary case

Manohar singh kothariVsRajesh hareshchandra sharma +1 more

CNR MHMM1200406320223-Judicial Magistrate First Class 6th Court
Sewri, MM Court
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--JUDGMENT
Decision Date: 16th February 2023

TrustJury record updated 08 Oct 2026

Case Overview

Registration Number
601970/2022
Registration Date
19 Apr 2022

Advocates

2

For Petitioner

For Respondent

Parties

3

Acts & Sections

1
Negotiable Instruments (Amendment) Act · Sec 138 · 141

Case History / Proceedings

Case History
Date: 26-04-2022
Business: Complainant absent. Adv. present.
Adj for verification.
Next Purpose: FOR VERIFICATION
Next Hearing Date: 05-05-2022

Date: 05-05-2022
Business: Case received from filling cell on 07.4.22
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: 30-06-2022

Date: 30-06-2022
Business: Complainant absent. Adv present.
Accused absent.
Exh.7 and Exh.8 A. D card
Exh.9 Adv for complainant made an application for issue warrant against accused---- issue B/wt of Rs. 10000/- against accused
Adj for B//wt report
Next Purpose: NOT HEARD CASES
Next Hearing Date: 06-07-2022

Date: 06-07-2022
Business: Case taken on board
Accused  present with Adv
Exh. 10Taken on board--- allowed
Exh.11Vakalatnama ----seen and filed
Exh.12 Adv for accused made an application for warrant cancellation --- warrant cancelled subject to cost of Rs.300/-
Exh.13Adv for accused  made an application for bail--- Accused be released on P.R.bond 15,000/-
Exh.14  P.R. Bond
Exh.15 plea
Adj for further chief
Next Purpose: PART HEARD CASES AT 11.00 AM
Next Hearing Date: 01-08-2022

Date: 01-08-2022
Business: Complainant present with Adv
Accused present with Adv
Exh.16 Adv for complainant filed an application for 20 percent ---other side to say
Further Chief examination of Complainant  by Adv Kosabi continued on oath ----
Exh.17 to Exh.27 11 origional Tax invoices
Exh.28 to Exh.46 Origional 19 disputed cheques
Exh.47 to Exh.48 Memo
Exh.49 Notice
Exh.50 colly Postal receipts
Article -A colly Three copies or track consignment
matter is deferred till next date
Adj for further chief / say on Exh.16
Next Purpose: PART HEARD CASES AT 11.00 AM
Next Hearing Date: 12-09-2022

Date: 12-09-2022
Business: Complainant present with Adv
Accused absent. Adv present.
Exh.51 Adv for accused filed exemption application --- granted
Exh.52 Reply of accused on U/sec 143 N.I. ACt---seen
Further Examination in Chief  of complainant
---
Exh.53 List of document --- seen
Exh.54 Two copies of track report
Exh.55 65 B Certificate
Cross examination by ADv Bharti Kulkarni
Cross examination over
Adj for further cross
Next Purpose: PART HEARD CASES AT 11.00 AM
Next Hearing Date: 03-10-2022

Date: 03-10-2022
Business: Complainant absent. Adv present.
Accused present with Adv
Exh.56 Evidence closed pursis dt.12.9.22--- seen
Exh.57 statement of accused
Adj for Argument
Next Purpose: PART HEARD CASES AT 11.00 AM
Next Hearing Date: 02-11-2022

Date: 02-11-2022
Business: Complainant absent. Adv present.
Accused present with Adv
Argument partly heard
Adj for further argument
Next Purpose: ARGUMENT
Next Hearing Date: 11-11-2022

Date: 11-11-2022
Business: Complainant absent. Adv present.
Accused absent. Adv present.
Exh.58 Adv for accused filed exemption application --- granted
Argument heard from both side
Adj for Judgment
Next Purpose: JUDGEMENT (2.45 P.M.)
Next Hearing Date: 16-11-2022

Date: 16-11-2022
Business: Complainant absent. Adv present
Accused present with Adv
Argument heard from Adv for accused
Exh.59   Written Argument of accused--seen
Exh.60 List of judgment--- seen
Adj for Judgment
Next Purpose: JUDGEMENT (2.45 P.M.)
Next Hearing Date: 25-11-2022

Date: 25-11-2022
Business: Complainant absent. Adv present.
Accused present with Adv
Exh.61 Adv for complainant made an application for recalling complainant U/sec 311 of Cr.P.C.--- other side to say
Adj for Judgment / Say on Exh.61
Next Purpose: JUDGMENT
Next Hearing Date: 15-12-2022

Date: 15-12-2022
Business: Complainant absent. Adv present.
Accused absent. Adv present.
Exh.62 Adv for accused filed exemption application --- granted
Exh.63 Adv for accused filed reply on application U/sec 311 of Cr. P.C--- seen
Adj for Argument on Exh.61
Next Purpose: PART HEARD CASES AT 11.00 AM
Next Hearing Date: 10-01-2023

Date: 10-01-2023
Business: Complainant absent. Adv present.
Accused present with Adv
Adj for Argument on Exh.61
Next Purpose: PART HEARD CASES AT 11.00 AM
Next Hearing Date: 20-01-2023

Date: 20-01-2023
Business: Complainant absent. Adv present.
Accused present with Adv
Argument heard on Exh.61
order passed below Exh.61
Application is granted subject to cost of Rs.2000/- payable to opposite side
Adj for cross of C.W. No.1
Next Purpose: PART HEARD CASES AT 11.00 AM
Next Hearing Date: 03-02-2023

Date: 03-02-2023
Business: Complainant present with Adv
Accused absent. Adv present.
Exh.64 Adv for accused filed exemption application --- granted
Re-examination of complainant C.W. No.1 by Adv Jayesh Kanani  for complainant continued on oath---
Cross examination by Adv Bharati Kulkarni for accused---
Cross over
Exh.65 Further statement of accused U/sec 313 of Cr. P.C- recorded
Adj for Argument
Next Purpose: ARGUMENT
Next Hearing Date: 16-02-2023

Date: 16-02-2023
Business: Complainant absent. Adv absent
Accused present with Adv
Argument heard
Exh.66 Adv for complainant filed Memorandum of written submission on behalf of the complainant  U/sec 314 of Cr.P.C.---- Read and recorded
Judgment pronounced in open court
Accused are convicted
Exh. 67 Judgment
order
1. Accused is  convicted vide section 255-s of Cr.P.C. for the offence punishable U/sec 138 of N.I. Act
2. Accused No.1 is    sentenced to suffer S.I of  1 year .
3. Accused  is directed to pay Jointly and severally  to the complainant compensation to the tune of Rs. 59,02 ,970 /- i. d. the accused to undergo S.I. For 3 month.
4. The amount of compensation shall be paid to the complainant on due verification after the appeal period is over.
5. Accused No.1   to surrender her bail bonds
Exh.68 Adv for accused made an application for suspenstion of sentence --- granted subject to appeal period is over
Exh.69 Adv for accused made an application for  bail -----
 Accused be released   on P.R. bond of Rs.15000/-  till appeal period is over
Exh.70 bond after conviction
Exh.71  P.R. Bond
All Stamp are duly panch and cancelled
Nature Of Disposal: JUDGMENT
Disposal Date: 16-02-2023

Additional Case Details

Additional Case Details
Filing Number: 204757/2022
Filing Date: 22-03-2022
First Hearing Date: 26th April 2022
Decision Date: 16th February 2023
Court Number And Judge: 3-Judicial Magistrate First Class 6th Court

Orders

1
Final Order 1Full order available
16 Feb 2023

Order Details: Copy of Judgment . Pdf Text: CNR No.MHMM120040632022 Presented on : 22.03.2022 Registered on : 07.04.2022 Decided on : 16.02.2023 Duration : 25 : 10 : 00 DD:MM:YY IN THE COURT OF THE METROPOLITAN MAGISTRATE, 06TH COURT, MAZGAON (SEWRI), MUMBAI (Presided over by : A. S. CHONDE) (BSL LLB LLM) Exhibit - a) Serial number of case : 0601970/SC/2022 b) Date of commission of offence : 27.01.2022 c) Name of complainant : Manohar Singh Kothari Age 71 years,…

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