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Summons cases SS

Vikas JainVsRAJ KUMAR YADAV

CNR MHMM120466582018101-Judicial Magistrate First Class 70th Court
Sewri, MM Court
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--CONVICTED AND SENTENCED
Decision Date: 28th September 2022

TrustJury record updated 08 Oct 2026

Case Overview

Registration Number
7002777/2018
Registration Date
25 Sept 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Petitioner

    1. 1Vikas Jain

    Respondent

    1. 1RAJ KUMAR YADAV

    Acts & Sections

    1
    NEGOTIABLE INSTRUMENTS ACT · Sec 138

    Case History / Proceedings

    Case History
    Date: 20-10-2018
    Business: complainant present and  his adv. present
    for verification
    Next Purpose: NOT HEARD CASES
    Next Hearing Date: 03-11-2018
    
    Date: 03-11-2018
    Business: complainant present and his adv present
    complainant filed verification statement
    Exh-1 original complaint
    Exh-2 V. P. filed
    Exh-3 verification statement
    Exh-4 Evidence filed
    Exh-5 list of document filed
    process order passed below exh-1
    issue summons against the accused as prayed
    Next Purpose: NOT HEARD CASES
    Next Hearing Date: 04-01-2019
    
    Date: 04-01-2019
    Business: complainant present and his adv. present
    Accused present and his adv. present
    Exh-6 V. P. filed by adv. for accused
    Exh-7 application for bail given by adv. for accused
    Accused be released on P.R. Bond of Rs. 10,000/-
    Exh-8 plea of accused is recorded
    Exh-9 P.R.Bond of Accused
    Exh-10 application for 20 compensation given by adv. for complainant
    other side to say and chief and cross
    Next Purpose: HEARING AT 11.00 AM
    Next Hearing Date: 31-01-2019
    
    Date: 31-01-2019
    Business: complainant present and his adv. present
    accused present and his adv. present
    Further examination in chief C.W. no. 1 Vikas jain by adv. Sachin Rahate behalf of complainant
    Exh-11 to 31 invoices
    Exh-32 to 60 cheque issued by accused
    Article A-1 to A 29 dishonour memos of cheque
    Exh-61 copy of statutory notice
    Exh-62 postal receiipt
    Cross-examination deferred till next date on oral request
    Exh-63 reply of compensation application given by adv. for accused
    for order on compensation  and cross
    Next Purpose: HEARING AT 11.00 AM
    Next Hearing Date: 07-03-2019
    
    Date: 07-03-2019
    Business: complainant present and his adv. present
    Accused present and his adv. present
    for order on compensation and corss
    Next Purpose: HEARING AT 11.00 AM
    Next Hearing Date: 12-04-2019
    
    Date: 12-04-2019
    Business: complainant present and his adv. present
    Accused present and his adv. absent
    for cross and order on compensation
    Next Purpose: HEARING AT 11.00 AM
    Next Hearing Date: 27-06-2019
    
    Date: 27-06-2019
    Business: Complainant present and his Advt
    present
    Accused present , his Advt present
    this case for settelment kept in Lok-Adalat
    Next Purpose: HEARING AT 11.00 AM
    Next Hearing Date: 13-07-2019
    
    Date: 13-07-2019
    Business: Complainant present. Adv. present.
    Accused present.
    For filing consent terms on record.
    Case for steps.
    Next Purpose: HEARING AT 11.00 AM
    Next Hearing Date: 25-07-2019
    
    Date: 25-07-2019
    Business: complainant present and his adv. present
    Accused present and his adv. present
    for cross
    Next Purpose: HEARING AT 11.00 AM
    Next Hearing Date: 13-09-2019
    
    Date: 13-09-2019
    Business: complainant present and his adv. present
    accused present and his adv.absent
    Exh-64 adjournment application for accused is rejected
    Exh-65 application for witness given put up for order given by adv. for complainant
    Exh-66 application for no cross given by adv. for adv. for complainant
    no cross order passed
    Next Purpose: HEARING AT 11.00 AM
    Next Hearing Date: 30-11-2019
    
    Date: 30-11-2019
    Business: Complainant absent. Adv present.
    Accused absent. Adv present
    Exh-67 exemption of accused
    Issue ss to witness
    Next Purpose: HEARING AT 11.00 AM
    Next Hearing Date: 17-01-2020
    
    Date: 17-01-2020
    Business: Complainant present with adv
    Accused present. Adv absent
    Bank witness present and seek adjournment. Orally adjournment granted subject to cost of Rs. 2000/- to be given to the witness.But accused did not turn up to submit application for adjournment before the court.
    Next Purpose: HEARING AT 11.00 AM
    Next Hearing Date: 15-02-2020
    
    Date: 15-02-2020
    Business: Complainant present with adv
    Accused present with adv
    Exh-68 Application for setting aside order dt 13-09-2019- other side to say
    Exh-69 Application for issuance ss to bank officer - Issue ss
    Adjourn for evidence
    Next Purpose: PART HEARD CASES AT 11.00 AM
    Next Hearing Date: 16-04-2020
    
    Date: 16-04-2020
    Business: Board discharged as directions received asper officer order no. 66 of 2020 dated 16.03.2020 of Honble Sessions Court and Notification and advisory dated 14.03.2020 of High Court , Bombay, in view of declaration of Novel Corona Virus as global pandemic by WHO. Case adjourn
    Next Purpose: PART HEARD CASES AT 11.00 AM
    Next Hearing Date: 18-07-2020
    
    Date: 18-07-2020
    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
    Business: As per guidelines issued by Honorable High Court, Honorable Principal Sessions Court and Honorable CMM. Due to pandemic of Corona Virus (COVID-19). Todays Board is Discharged.
    Next Purpose: PART HEARD CASES AT 11.00 AM
    Next Hearing Date: 26-02-2021
    
    Date: 26-02-2021
    Business: complainant present with his adv.
    accused present and his adv. present
    Exh-71 adjournment application granted given by adv. for accused
    order below exh-10 has been passed
    interium compensation application order passed
    Exh-71 application for summons bank witness by adv. for complainant
    Issue summons to the bank witness
    Next Purpose: PART HEARD CASES AT 11.00 AM
    Next Hearing Date: 01-04-2021
    
    Date: 01-04-2021
    Business: complainant absent and his adv. present
    accused  absent and his adv. absent
    for bank witness
    Next Purpose: PART HEARD CASES AT 11.00 AM
    Next Hearing Date: 17-05-2021
    
    Date: 17-05-2021
    Business: Ld M.M. on concessional leave charge with 69th court the case adj. next date
    Next Purpose: PART HEARD CASES AT 11.00 AM
    Next Hearing Date: 30-06-2021
    
    Date: 30-06-2021
    Business: In pursuance of Honble  High Court due to covid 19 the case adj. next date
    Next Purpose: PART HEARD CASES AT 11.00 AM
    Next Hearing Date: 02-08-2021
    
    Date: 02-08-2021
    Business: Complainant present with Adv.
    Accused absent. Adv absent.
    Adjourn for evidence.
    Next Purpose: PART HEARD CASES AT 11.00 AM
    Next Hearing Date: 20-08-2021
    
    Date: 20-08-2021
    Business: Complainant present with Adv.
    Accused absent. Adv present.
    Cross exam by Adv Tiwari for accused.
    Re-exam - Nil
    Adjourn for evidence.
    Next Purpose: PART HEARD CASES AT 11.00 AM
    Next Hearing Date: 09-09-2021
    
    Date: 09-09-2021
    Business: Complainant present and his adv. present
    accused present and his adv. present
    Bank witness present
    Exh-72 List of document filed by adv. for complainant
    for C.W.2 bank witness
    Next Purpose: PART HEARD CASES AT 11.00 AM
    Next Hearing Date: 01-10-2021
    
    Date: 01-10-2021
    Business: Court is vacant. Charged with ACMM 2nd Court. Board discharged.
    Next Purpose: PART HEARD CASES AT 11.00 AM
    Next Hearing Date: 09-10-2021
    
    Date: 09-10-2021
    Business: LD MM is on leave. Charged with ACMM 2nd Court. Board discharged.
    Next Purpose: PART HEARD CASES AT 11.00 AM
    Next Hearing Date: 18-11-2021
    
    Date: 18-11-2021
    Business: Complainant present. Adv present.
    Accused present. Adv present.
    Bank witness present.
    Exh-73 C.W no 2 Revant Sudarshanam on S.A
    Chief exam by Adv Sachin for Complainant
    Exh-74 authority letter
    Exh-75 bank statement.
    Exh-76 to 104 - 29 return memo
    Cross exam by Adv Tiwari for accused.
    Re-exam Nil
    Adjourn for statement of Accused
    Next Purpose: STATEMENT OF ACCUSED
    Next Hearing Date: 17-12-2021
    
    Date: 17-12-2021
    Business: Complainant present and his adv. present
    accused present and his adv. present
    Exh-105 statement of accused is recorded of accused
    for Defence evidence
    Next Purpose: STATEMENT OF ACCUSED
    Next Hearing Date: 20-01-2022
    
    Date: 20-01-2022
    Business: Complainant absent. Adv present.
    Accused present. Adv present.
    Adjourn for defence witness.
    Next Purpose: PART HEARD CASES AT 11.00 AM
    Next Hearing Date: 29-01-2022
    
    Date: 29-01-2022
    Business: Ld MM is on Jail Court duty. Charged with M M 20th Court. Hence, board discharged.
    Next Purpose: PART HEARD CASES AT 11.00 AM
    Next Hearing Date: 25-03-2022
    
    Date: 25-03-2022
    Business: LD MM is on half day leave. Charged with ACMM 2nd Court. Board discharged.
    Next Purpose: PART HEARD CASES AT 11.00 AM
    Next Hearing Date: 19-05-2022
    
    Date: 19-05-2022
    Business: Complainant present. Adv present.
    Accused absent. Adv present.
    Exh-106 Application for exemption of accused - granted.
    Exh-107 Application for issuance of NBWt against accused- keep for order
    Adjourn for order / evidence.
    Next Purpose: PART HEARD CASES AT 11.00 AM
    Next Hearing Date: 18-06-2022
    
    Date: 18-06-2022
    Business: Complainant present. Adv present.
    Accused present. Adv present.
    Exh-108 list of document.
    Exh-109 D W no. 1 Rajkumar Rambahal Yadav on S. A.
    Chief exam by Adv Tiwari for accused.
    Cross exam by Adv Sachin for complainant.
    Adjourn for defense evidence.
    Next Purpose: PART HEARD CASES AT 11.00 AM
    Next Hearing Date: 16-07-2022
    
    Date: 16-07-2022
    Business: Complainant absent. Adv present.
    Accused present. Adv present.
    Witness absent. Adjourn for evidence.
    Next Purpose: PART HEARD CASES AT 11.00 AM
    Next Hearing Date: 25-08-2022
    
    Date: 25-08-2022
    Business: Complainant present. Adv present.
    Accused absent. Adv present.
    Exh-110 Pursis for closing evidence filed by adv for accused.
    Adjourn for argument.
    Next Purpose: ARGUMENT
    Next Hearing Date: 16-09-2022
    
    Date: 16-09-2022
    Business: Complainant absent. Adv absent
    Accused present. Adv present.
    Adjourn for argument.
    Next Purpose: FOR ARGUMENT AT 2 45 P.M.
    Next Hearing Date: 17-09-2022
    
    Date: 17-09-2022
    Business: Complainant present. Adv present.
    Accused present. Adv present.
    Argument heard from Adv for complainant.
    Adjourn for argument from accused.
    Next Purpose: FOR ARGUMENT AT 2 45 P.M.
    Next Hearing Date: 21-09-2022
    
    Date: 21-09-2022
    Business: Complainant present. Adv present.
    Accused present. Adv present.
    Argument heard by Adv for complainant.
    Argument heard by Adv for accused.
    Adjourn for Judgment.
    Next Purpose: JUDGEMENT (2.45 P.M.)
    Next Hearing Date: 28-09-2022
    
    Date: 28-09-2022
    Business: Complainant present. Adv present.
    Accused present. Adv present.
    Exh-111 Judgment Accused Raj Kumar Yadav stands convicted U/sec 138 of N.I. act vide section 255 (2) Cr. P.C he is sentence to suffer S.I till rising of the court and to pay fine of Rs. 8,43,000/- within two months, in default he shall undergo S.I for six months. Fine amount of 8,43,000/-if recovered be paid to the complainant as compensation along with 9 per cent simple interest per annum from the date of filing of complaint till its realization. Accused to surrender his P.R bond and C.B. Copy of judgment be given to the accused free of cost.
    Exh-112 Application suspension of sentence - accused be released on P.B of rs 15000/- .
    Exh-113 P. R bond of accused
    Nature Of Disposal: CONVICTED AND SENTENCED
    Disposal Date: 28-09-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 246304/2018
    Filing Date: 17-09-2018
    First Hearing Date: 20th October 2018
    Decision Date: 28th September 2022
    Court Number And Judge: 101-Judicial Magistrate First Class 70th Court

    Orders

    1
    Final Order 1Full order available
    28 Sept 2022

    Order Details: Copy of Judgment . Pdf Text: 1 Judgment in C.C.No.7002777/SS/2018 MHMM120466582018 Presented on : 17-09-2018 Registered on : 17-09-2018 Decided on : 28-09-2022 Duration : 04 years, -- months, 11 days IN THE COURT OF METROPOLITAN MAGISTRATE, 70th COURT, MAZGAON, MUMBAI (Presided over by M. V. Chavhan) JUDGMENT (As per Section 355 of Cr.PC) a) The Serial number of the case : 7002777/SS/2018 b) The date of commission of offence : 20.08.2018 c) The name of the complainant…

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