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Summons cases SS

Kalpataru Ispat Pvt LtdVsExcel Steels and Ors

CNR MHMM1202760220183-Judicial Magistrate First Class 6th Court
Sewri, MM Court
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWN
Decision Date: 26th October 2021

TrustJury record updated 08 Oct 2026

Case Overview

Registration Number
601451/2018
Registration Date
08 Jun 2018

Advocates

2

For Petitioner

For Respondent

Parties

2

Acts & Sections

1
NEGOTIABLE INSTRUMENTS ACT · Sec 115 · 116 · 117 · 118 · 119 · 138 · 139 · 140 · 141 · 79 · 80

Case History / Proceedings

Case History
Date: 12-06-2018
Business: Ld. M.M. is on leave. Charge with 20th Court. Board is discharged.
Adj for verification
Next Purpose: FOR VERIFICATION
Next Hearing Date: 24-07-2018

Date: 24-07-2018
Business: Comp. absent Adv. present Exh.3 Affidavit in lieu of examination in chief of complainant- seen and filed,
EXh.4 List of document --seen and filed
 Order passed below Exb.1 Issue process against accused, Issue summons against accused as per rule Adj. for summons report.
Next Purpose: NOT HEARD CASES
Next Hearing Date: 11-09-2018

Date: 11-09-2018
Business: Complainant absent. Adv present
Accused absent
Exh.5 A.D. card
Exh.6 Adv for complainant  made an application for Bailable warrant against accused
issue B/wt of Rs. 5000/- Against accused
Adj for B/wt report
Next Purpose: NOT HEARD CASES
Next Hearing Date: 09-10-2018

Date: 09-10-2018
Business: Complainant present with Adv
Both accused present with Adv
Exh.7 plea of accused
Exh. 3 continue
Exh.8 Copy of resolution
Exh.9 to 11 Cheques
Exh.12 to 14 memos
Exh.15 Notice
Exh.16 Postal receipt
Exh.17 to 20 Acknowledgments
Exh.21 Accused is made an application for cancellation of warrant-- warrant is cancelled
Exh.22 Vakalatnama
Exh.23 Adv for accused made an application for P.R.Bond---
Accused shall be released on P.R. bond of Rs. 15000/-
Exh.24 and 25 bond
Adj for Cross
Next Purpose: PART HEARD CASES AT 11.00 AM
Next Hearing Date: 27-11-2018

Date: 27-11-2018
Business: Complainant present with Adv
Accused present with Adv
Exh.26 Mediation letter
Adj for mediation
Next Purpose: PART HEARD CASES AT 11.00 AM
Next Hearing Date: 18-12-2018

Date: 18-12-2018
Business: Ld. M.M. is on leave . Charge with 25th Court. Board is discharged. Adj for
Next Purpose: PART HEARD CASES AT 11.00 AM
Next Hearing Date: 15-01-2019

Date: 15-01-2019
Business: Complainant present. Adv absent
Accused absent.
Adj for mediation
Next Purpose: PART HEARD CASES AT 11.00 AM
Next Hearing Date: 21-01-2019

Date: 21-01-2019
Business: Complainant present. Adv absent
Accused absent. Adv absent
Adj for mediation
Next Purpose: PART HEARD CASES AT 11.00 AM
Next Hearing Date: 04-02-2019

Date: 04-02-2019
Business: Complainant present with Adv
Accused absent. Adv absent
Adj for mediation report
Next Purpose: PART HEARD CASES AT 11.00 AM
Next Hearing Date: 05-03-2019

Date: 05-03-2019
Business: Complainant present with Adv
Accused absent. Adv absent
Exh.27 Mediation report
No. cross order passed on Exh.3
Exh.28 Adv for complainant made an application for issue N.B.W---
issue N.B.W against accused
Adj for warrant report
Next Purpose: PART HEARD CASES AT 11.00 AM
Next Hearing Date: 26-03-2019

Date: 26-03-2019
Business: Ld. M.M. is on leave. Charge with 20th Court. Board is discharged Adj for
Next Purpose: PART HEARD CASES AT 11.00 AM
Next Hearing Date: 09-04-2019

Date: 09-04-2019
Business: Comp. present with Adv. Accused absent. Adj. for warrant report.
Next Purpose: PART HEARD CASES AT 11.00 AM
Next Hearing Date: 04-05-2019

Date: 04-05-2019
Business: Case taken on board
Both  accused are present with Adv
Exh.29 Taken on board --- allowed
Exh.30 Adv for accused made an application for cancellation of warrant ---warrant canceled on penalty of Rs 300/- each
Adj for cross
Next Purpose: PART HEARD CASES AT 11.00 AM
Next Hearing Date: 11-06-2019

Date: 11-06-2019
Business: Complainant absent Adv present
Accused No.2 present with Adv
Accused No.3 absent
Exh.31 Adv for accused No.3 made an application for exemption application --- granted
Exh.32 Adv for complainant made an application for N.B.W--- rejected as accused No.2 present. exemption granted A. No.3
Exh.33 Adv for accused made an application for recalling the witness U/sec 311 Cr.P.C.-- complainant  to say
Exh.34 Adv for complainant made an applcation for show cause notice--- filed as warrant cancelled
Adj for Say on Exh.33
Adj for cross
Next Purpose: PART HEARD CASES AT 11.00 AM
Next Hearing Date: 16-07-2019

Date: 16-07-2019
Business: Complainant present withadv
Accused absent
order passed on Exh.33
application is allowed subject tot cost of Rs.2500/- to be given to complainant
Adj for cross
Next Purpose: PART HEARD CASES AT 11.00 AM
Next Hearing Date: 13-08-2019

Date: 13-08-2019
Business: Complainant present with Adv
Accused absent
Adj for cross
Next Purpose: PART HEARD CASES AT 11.00 AM
Next Hearing Date: 04-09-2019

Date: 04-09-2019
Business: Complainant present with Adv
Accused absent. Adv present
Exh.35 Adv for accused filed exemption application-- granted
Adj for cross
Next Purpose: PART HEARD CASES AT 11.00 AM
Next Hearing Date: 19-10-2019

Date: 19-10-2019
Business: Complainant present with Adv
Accused absent.  Adv present
Accused\''s representative present
Adj for cross/ settlement
Next Purpose: PART HEARD CASES AT 11.00 AM
Next Hearing Date: 19-11-2019

Date: 19-11-2019
Business: Complainant present. Adv present
Accused absent. Adv present
Exh,36 Adv for accused filed exemption application --- granted
Adj for cross/ settlement
Next Purpose: PART HEARD CASES AT 11.00 AM
Next Hearing Date: 11-12-2019

Date: 11-12-2019
Business: Ld.M.M. is on leave charge with 20th Court. Board is discharged. Adj for
Next Purpose: PART HEARD CASES AT 11.00 AM
Next Hearing Date: 07-01-2020

Date: 07-01-2020
Business: Complainant present with Adv
Accused absent. Adv present
Adj for cross/ settlement
Next Purpose: PART HEARD CASES AT 11.00 AM
Next Hearing Date: 28-01-2020

Date: 28-01-2020
Business: Complainant present with Adv
Accused present. Adv absent.
Adj for cross/ settlement
Next Purpose: PART HEARD CASES AT 11.00 AM
Next Hearing Date: 15-02-2020

Date: 15-02-2020
Business: Complainant absent. Adv present.
Accused absent.
Exh.37 Adv for complainant made an application for adjournment --- granted
Adj for cross/ settlement
Next Purpose: PART HEARD CASES AT 11.00 AM
Next Hearing Date: 03-03-2020

Date: 03-03-2020
Business: Complainant present. Adv. present.
Accused absent.
Exh.38 Adv. for complainant filed application for withdrawal of the above complaint.- Put up before Lok Adalat.
Exh.39 Adv. for complainant filed application for refund of court fees as per rule.- Seen.
Adj for Lok Adalat.
Next Purpose: PART HEARD CASES AT 11.00 AM
Next Hearing Date: 11-04-2020

Date: 11-04-2020
Reason For Adjournment: National Lock down extended up to 03 May 2020
Next Purpose: PART HEARD CASES AT 11.00 AM
Next Hearing Date: 09-06-2020

Date: 09-06-2020
Reason For Adjournment: National Lockdown extended upto 31-05-2020
Next Purpose: PART HEARD CASES AT 11.00 AM
Next Hearing Date: 27-07-2020

Date: 27-07-2020
Business: As per directions of Hon''ble high court, due to precautions against corona virus and as there is no urgency in the matter, hence case is adjourned.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: PART HEARD CASES AT 11.00 AM
Next Hearing Date: 11-09-2020

Date: 11-09-2020
Business: As per directions of Honble high court, due to precautions against corona virus and as there is no urgency in the matter, hence case is adjourned.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: PART HEARD CASES AT 11.00 AM
Next Hearing Date: 23-10-2020

Date: 23-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: PART HEARD CASES AT 11.00 AM
Next Hearing Date: 14-12-2020

Date: 14-12-2020
Business: Complainant absent Adv present
accused absent with adv
Adj for Steps
Next Purpose: PART HEARD CASES AT 11.00 AM
Next Hearing Date: 04-03-2021

Date: 04-03-2021
Business: Complainant present with Adv
Accused absent.
Adj for Lok Adalat
Next Purpose: PART HEARD CASES AT 11.00 AM
Next Hearing Date: 10-04-2021

Date: 10-04-2021
Business: As per office order No. MSLSA/2021/854 dt. 5/4/21 Lok Adalat dt. 10.4.21 has been postponed till further order . Hence board is discharged
Next Purpose: PART HEARD CASES AT 11.00 AM
Next Hearing Date: 17-05-2021

Date: 17-05-2021
Business: Ld M. M. is on concessional leave Charge with Ld. M. M. 02th Court, Mazgaon, Sewree, Mumbai. Hence board discharge Case is adjourn for
Next Purpose: PART HEARD CASES AT 11.00 AM
Next Hearing Date: 17-06-2021

Date: 17-06-2021
Business: As per directions of Hon\''ble high court, due to precautions against corona virus and as there is no urgency in the matter, hence case is adjourned.
Next Purpose: PART HEARD CASES AT 11.00 AM
Next Hearing Date: 13-07-2021

Date: 13-07-2021
Business: As per directions of Hon''ble high court, due to precautions against corona virus and as there is no urgency in the matter, hence case is adjourned.
Next Purpose: PART HEARD CASES AT 11.00 AM
Next Hearing Date: 01-08-2021

Date: 01-08-2021
Business: Case kept before Lok Adalat
Complainant absent Adv contacted through Telephonic call
Accused absent
The Complainant\''s Adv  made aware about copy of Writ in the record of the Case. Complainant\''s Adv wants to verify the same physically Hence Adj
Matter not settled before Lok Adalat
Next Purpose: PART HEARD CASES AT 11.00 AM
Next Hearing Date: 21-09-2021

Date: 21-09-2021
Business: Ld. M.M.is on leave. Charge with 69th court. board is discharged.
Adj for
Next Purpose: PART HEARD CASES AT 11.00 AM
Next Hearing Date: 25-09-2021

Date: 25-09-2021
Business: Case kept before Lok Adalat
Adv for complainant present.
Adj for
Next Purpose: PART HEARD CASES AT 11.00 AM
Next Hearing Date: 26-10-2021

Date: 26-10-2021
Business: Complainant absent Adv present
Accused absent
Exh.40 Adv for Complainant filed Adjourn the matter - Filed
Exh.41 Letter of Authority - Seen
Order passed below Exh.1
heard Ld Adv Mr. Chetan Valvi for complainant application Exh.38 is on record to withdraw the complaint it bears the signature of the complainant and his advocate. As per record the case could not be disposed of in the concerned Lok Adalat. However, it is submitted by Ld Adv that the complainant has already received payment against the disputed cheque and the complainant is unwilling to pursue complaint further. He made statement that in view of withdrawal Application on record the Complaint may be disposed of as withdrawn. Accepting his statement and in view of application Exh.38 the complaint case stands disposed of as withdrawn at the request of the complainant. The accused stands acquitted. Court fees be refunded as per rules.
Nature Of Disposal: WITHDRAWN
Disposal Date: 26-10-2021

Additional Case Details

Additional Case Details
Filing Number: 227531/2018
Filing Date: 25-05-2018
First Hearing Date: 12th June 2018
Decision Date: 26th October 2021
Court Number And Judge: 3-Judicial Magistrate First Class 6th Court

Orders

1
Final Order 1
26 Oct 2021
Order Details: Copy of Order - 1
Pdf Text: Order below exh.1 in C. C. No.0601451/SS/2018
Heard learned advocate Mr. Chetan Valavi for complainant.
Application exh.38 is on record to withdraw the complaint it bears
signature of the complainant and his advocate. As per record the case
could not be disposed of in the concerned LokAdalat. However, it is
submitted by learned advocate that the complainant has already
received payment against the disputed cheque and the complainant is
unwilling to pursue complaint further. He made statement that in view
of withdrawal application on record the complaint may be disposed of
as withdrawn. Accepting his statement and in view of application
exh.38 the complaint case stands disposed of as withdrawn at the
request of the complainant. The accused stands acquitted. Court fees
be refunded as per rules.
Sd/
(S.P.Kekan)
Date : 26.10.2021 Metropolitan Magistrate,
6th Court, Mazgaon (Sewree), Mumbai.
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