Skip to main content
Summary case

Prafull Dattaram PaitaleVsMangesh Harischandra Naik

CNR MHMM120099212022108-Extra Metropolitan Magistrate
Sewri, MM Court
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--WITHDRAWN
Decision Date: 14th June 2023

TrustJury record updated 08 Oct 2026

Case Overview

Registration Number
2953/2022
Registration Date
07 Sept 2022

Advocates

2

For Petitioner

For Respondent

Parties

2

Acts & Sections

1
Maharashtra Municipal Corporations Act · Sec 138

Case History / Proceedings

Case History
Date: 23-11-2022
Business: Both parties and their advocates are absent.  Issue notices to both parties
For appearance
Next Purpose: HEARING AT 11.00 AM
Next Hearing Date: 12-12-2022

Date: 12-12-2022
Business: Complainant and advocate absent.
Accused present with  advocate.
Exh. 31- pursis filed for  appearance by accused. Seen & filed.
Issue notice to the complainant by e-mail through advocate on record.
For appearance of complainant
Next Purpose: HEARING AT 11.00 AM
Next Hearing Date: 04-01-2023

Date: 04-01-2023
Business: Complainant and advocate absent iinspite of notice for  appearance at Exh. 32 is sent to complainant by e-mail through advocate on record. which is sent successfully as per computer report at Exh. 33.
Exh. 34-  Reply from the advocate for complainant  that he has already given his NOC to  the  complainant.
On perusal of record shows that no such NOC or Vakalatnama of another advocate is on record for complainant.
Accused absent. Advocate present.
Exh. 35- Exemption application for the accused.  Granted for today only.
For steps
Next Purpose: HEARING AT 11.00 AM
Next Hearing Date: 12-01-2023

Date: 12-01-2023
Business: Complainant present. Advocate absent.
Accused absent. Advocate present.
Exh. 36- Exemption application for the accused.  Granted for today only.
Exh. 37- Adjournment application by the complainant. Short adjournment is  granted as prayed.
For filing of evidence
Next Purpose: HEARING AT 11.00 AM
Next Hearing Date: 30-01-2023

Date: 30-01-2023
Business: Complainant present with advocate.
Accused absent. Advocate present.
Exh. 38- Exemption application for the accused. Granted for today only.
Exh. 39- Affidavit of evidence filed by complainant. Read and Recorded.
Exh. 40- List of documents with documents. Taken on Record.
For verification of  documents
Next Purpose: PART HEARD CASES AT 11.00 AM
Next Hearing Date: 13-02-2023

Date: 13-02-2023
Business: Complainant present with advocate.
Accused absent. His advocate absent.
Exh. 41- V. P.filed for complainant
Exh. 42- Application for issue of NBW against accused.
Issue B/w of Rs.10,000/- against accused.
Exh. 43- Application u/s. 13(A) of NIA by complainant. Keep for orders.
Lateron Accused present with advocate at. 1.15 pm.
Exh. 44- Application  for cancellation of warrant by accused. B/w is cancelled subject to penalty of Rs.200/-.
For verification of documents.
Next Purpose: PART HEARD CASES AT 11.00 AM
Next Hearing Date: 23-02-2023

Date: 23-02-2023
Business: Both parties are present with advocates.
C. W. No.1 -  Prafull Dattaram Pitale - resumed on S. A.
Exam in chief by Adv. Sujata Babar for the complainant-
Exh. 45- Ori. Cheque No. 010363
Exh. 46- Cheque return memo
Exh. 47- O/c legal demand notice
Exh. 48- Ori. postal receipt
Article-A- Tracking Report.
Exam.in chief is over
For cross case is adjourned.
Exh. 49- Settlement pursis filed by both the parties. Seen and filed.
For  settlement/cross
Next Purpose: PART HEARD CASES AT 11.00 AM
Next Hearing Date: 10-03-2023

Date: 10-03-2023
Business: Complainant present with advocate.
Accused absent. Advocate present.
Exh. 50- Adjournment application by adv. for the accused.
Short time is granted for settlement.
For settlement
Next Purpose: PART HEARD CASES AT 11.00 AM
Next Hearing Date: 17-03-2023

Date: 17-03-2023
Business: Complainant present. Advocate absent.
Accused absent. Advocate absent.
Advocates are on strike as per letter given to Controlling J. O. today.
Hence, for verification of  documents
Next Purpose: PART HEARD CASES AT 11.00 AM
Next Hearing Date: 03-04-2023

Date: 03-04-2023
Business: Complainant present with Advocate. Accused absent. Advocate for complainant filed application (Exh. 51) for warrant. Issue Non-Bailable Warrant against accused. For awaiting report of warrant.
Next Purpose: PART HEARD CASES AT 11.00 AM
Next Hearing Date: 18-04-2023

Date: 18-04-2023
Business: Complainant present with advocate.
Accused absent. Awaiting report of NBW
Exh. 52- Application for issue  show-cause notice to  the Ghatkopar police for not submitting report of NBW
Issue show-cause notice to Ghatkopar police as prayed.
For report of NBW with explanation
Next Purpose: PART HEARD CASES AT 11.00 AM
Next Hearing Date: 29-04-2023

Date: 29-04-2023
Business: Both parties are present.
Advocate for the accused present.
Exh. 53- Application of cancellation of NBW by accused.
NBW is cancelled subject to penalty of Rs.500/-.
By consent, for  settlement/cross
Next Purpose: PART HEARD CASES AT 11.00 AM
Next Hearing Date: 19-05-2023

Date: 19-05-2023
Business: Accused absent. Advocate present.
Accused present with advocate.
Exh. 54- Joint application for adjournment by both parties for settlement.  Allowed.
For settlement or cross of W-1
Next Purpose: PART HEARD CASES AT 11.00 AM
Next Hearing Date: 08-06-2023

Date: 08-06-2023
Business: Complainant present with advocate.
Accused absent. Advocate present.
By consent for withdrawal of complaint
Next Purpose: PART  HEARD AT ( 2.45P.M.)
Next Hearing Date: 14-06-2023

Date: 14-06-2023
Business: Complainant present with advocate.
Accused absent. Advocate  present.
Exh. 55- Application for withdrawal of complaint by the  complainant.
Application  is allowed.
Detailed order passed below Exh-1
Complaint is disposed off as withdrawn. Accused is acquitted  of the  offence p/u/s. 138 N. I. Act and his bailbond stands cancelled.
Nature Of Disposal: WITHDRAWN
Disposal Date: 14-06-2023

Additional Case Details

Additional Case Details
Filing Number: 210376/2022
Filing Date: 07-09-2022
First Hearing Date: 23rd November 2022
Decision Date: 14th June 2023
Court Number And Judge: 108-Extra Metropolitan Magistrate

Orders

1
Final Order 1Full order available
14 Jun 2023

Order Details: Copy of Order - 1 Pdf Text: C. C. No. 2953 / SC / 2022. (Old No.607/SS/2018 of 73rd Court, Vikhroli) Mr. Prafull Dattaram Pitale, V/s. Mr. Mangesh Harishchandra Naik ORDER BELOW EXH. 1 Perused the complaint filed by the complainant against the accused under section 138 of Negotiable Instruments Act. Complainant and his Advocate are present before me and filed the application for withdrawal of complaint (Exh. 55). They admitted the contents of the withdrawal application at…

Read Full Order

TrustJury presents public court-record information for legal discovery and reference. Record availability and detail can vary by source and case.