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Uncontested--WITHDRAWN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
2For Petitioner
For Respondent
Parties
2Petitioner
Respondent
Acts & Sections
1NEGOTIABLE 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
1Final Order 126 Oct 2021
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. -- 1 of 1 --
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