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Summons cases SS

Chhathiram Ramlal KanaujiaVsIslam Ali A Shaikh and Anr

CNR MHMM1205188020183-Judicial Magistrate First Class 6th Court
Sewri, MM Court
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--JUDGMENT
Decision Date: 09th August 2019

TrustJury record updated 08 Oct 2026

Case Overview

Registration Number
603092/2018
Registration Date
19 Oct 2018

Advocates

2

For Petitioner

For Respondent

Parties

2

Acts & Sections

1
NEGOTIABLE INSTRUMENTS ACT · Sec 138

Case History / Proceedings

Case History
Date: 19-10-2018
Business: Ld. M.M. is on leave charge with 20th Court. Board is discharged
Next Purpose: NOT HEARD CASES
Next Hearing Date: 22-10-2018

Date: 22-10-2018
Business: Complainant present with Adv
Exh.4 verification-- seen and filed
Exh.5 Affidavit U/sec 202 Cr.P.C. -- seen and filed
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: 30-11-2018

Date: 30-11-2018
Business: Neighbour
Complainant present with Adv
Accused present  with Adv
Exh.6 A.D. card
Exh,7 Vakalatnama
Exh.8  accused made an application for bail--
Accused shall be released on P.R.bond of Rs. 15000/- and cash bond of Rs.5000/-
Exh.9 and 10 P.R.bond  and cash bond
Exh. 11 plea of accused
Adj for filling affidavit
Next Purpose: FOR FILING AFFIDAVIT
Next Hearing Date: 03-01-2019

Date: 03-01-2019
Business: Complainant absent. Adv absent
Accused absent. Adv present
by consent
Adj for filling affidavit
Next Purpose: FOR FILING AFFIDAVIT
Next Hearing Date: 16-01-2019

Date: 16-01-2019
Business: Complainant present with Adv
Accused absent. Adv present
Exh.12 Affidavit of Examination-in-Chief--- seen and filed
Exh.13 List of document ---seen and filed
Eh.14Agreement
Exh.15 Cheque
Exh.16 Memo
Exh.17 Postal receipt
Exh.18 Memo
Exh.19 Notice
Exh.20 Acknowledgment
Exh.21 Adv for accused filed exemption application --- allowed
Adj for cross
Next Purpose: PART HEARD CASES AT 11.00 AM
Next Hearing Date: 12-02-2019

Date: 12-02-2019
Business: Complainant present with Adv
Accused present with Adv
Cross examination of C.W. NO.1 Chhatiram on oath for accused by Adv Shri Ketan Barot---
Cross over
Exh.22 Adv for complainant made an application for summons to accused bank witness --- issue summons as prayed
Adj for Bank witness
Next Purpose: PART HEARD CASES AT 11.00 AM
Next Hearing Date: 20-03-2019

Date: 20-03-2019
Business: Complainant present. Adv. present.
Accused absent. Adv. present.
Bank witness present.
Exh.23 Deposition of witness No.2 for complainant on S. A. Examination n chief by advocate shri Hamid sayyed for complainant.
Cross examination by advocate shri. Rahul Mishra for accused.
Exh.24 Authority letter for the officer representing the IDBI Bank Ltd, Nalasopara Ease Branch.
Exh.25 Account statement for a period 01-Aug-2018 - 31-Aug-2018
Exh.26 Report on Clearing cheques.
Adj for
Next Purpose: PART HEARD CASES AT 11.00 AM
Next Hearing Date: 30-03-2019

Date: 30-03-2019
Business: Complainant present with Adv
Accused absent. Adv present
Exh.27 C.W. NO 3 Examination in Chief of witness namely Shabbir Ali Sulaphan by way of affidavit in Chief--- seen and filed
Exh.28 Adv for accused filed exemption application --- allowed
Adj for cross
Next Purpose: PART HEARD CASES AT 11.00 AM
Next Hearing Date: 02-04-2019

Date: 02-04-2019
Business: Complainant present with Adv
Accused absent. Adv present
Exh. 29 Adv for accused filed exemption application --- allowed
Further Examination-in-Chief of C.W. NO.3 Shabir  Ali on oath for complainant by Adv Shri Hamid sayyed
Cross Examination for the accused by Adv Shri Ketan Barot---
Cross over
Re-examination -- Nil
Exh.30 Adv for complainant filed closing pursis--- seen and filed
Adj for statement of accused
Next Purpose: STATEMENT OF ACCUSED
Next Hearing Date: 20-05-2019

Date: 20-05-2019
Business: Complainant present with Adv
Accused absent. Adv present
Exh.31 Adv for accused filed exemption application---- rejected
Exh.32 Adv for complainant made an application for issue  of N.B.W--- issue N.B.W . against accused
Adj for Warrant report/ statement of accused
Next Purpose: Awaiting execution of service NBW
Next Hearing Date: 23-05-2019

Date: 23-05-2019
Business: Case taken on board
Accused present with Adv
Exh.33 Taken on board--- allowed
Exh.34 Adv for accused made an application for warrant cancellation --- N.B.W cancelled on penalty pf Rs.500/-
Adj for statement of accused
Next Purpose: STATEMENT OF ACCUSED
Next Hearing Date: 28-06-2019

Date: 28-06-2019
Business: Complainant present with Adv
Accused present with Adv
Exh.35 Statement of accused
Adj for Argument
Next Purpose: ARGUMENT
Next Hearing Date: 15-07-2019

Date: 15-07-2019
Business: Complainant absent. Adv present
Accused absent. Adv present
Exh.36 Adv for accused filed exemption application --- granted
Exh.37 Adv for accused filed adjournment application ---granted
Adj for Argument
Next Purpose: ARGUMENT
Next Hearing Date: 17-07-2019

Date: 17-07-2019
Business: Complainant present with Adv
Accused absent. Adv present
Exh.38 Adv for accused filed an application for permission to filed document --- production allowed
Argument heard
Adj for Judgment
Next Purpose: JUDGEMENT (2.45 P.M.)
Next Hearing Date: 30-07-2019

Date: 30-07-2019
Business: Complainant present with advocate, accused  present with advocate, Adj. for Judgement.
Next Purpose: JUDGEMENT (2.45 P.M.)
Next Hearing Date: 06-08-2019

Date: 06-08-2019
Business: Ld. M.M. is on Training. Charge with 20th Court. Board is discharged Adj to
Next Purpose: JUDGEMENT (2.45 P.M.)
Next Hearing Date: 09-08-2019

Date: 09-08-2019
Business: Complainant  present . Adv present
Accused present with  Adv
Judgment pronouned in open court
Exh. 39 Judgment
order
Accused Islam Ali A. Shaikh  convicted  convicted for the offence punishable Under section 138 of N.I. Act  vide under section 255-2 Cr.P.C.  Accused No.2 is sentenced to surrer S.I. for the period of 3 months.
2. Accused is  further directed to pay jointly and serverally  compensation of Rs.3 ,00,000/- to the complainant as per section 357-3 of cr. P.C. 1973 within period of 60 days from the date of this order
3. in case accused commit default in paying the awarded compensation accused  shall sufferS.I. for further period of 3 months
4. Accused to surrender his bail bonds
5 Issue conviction warrant against the accused No. 1  to 3
6 Copy of this judgment be given free of cost to the accused
Exh.40 Adv for accused made an application for suspension of sentence--- sentence is suspended till the period of appeal
Exh.  41 Adv  for accused filed an application for susupenson of sentence and bail--
Accused released P.R bond of Rs. 15000/- earlier cash bail deposit by him
Exh.42 P.R. bond
All stamps are duly puch and cancelled
Nature Of Disposal: JUDGMENT
Disposal Date: 09-08-2019

Additional Case Details

Additional Case Details
Filing Number: 251541/2018
Filing Date: 12-10-2018
First Hearing Date: 19th October 2018
Decision Date: 09th August 2019
Court Number And Judge: 3-Judicial Magistrate First Class 6th Court

Orders

1
Final Order 1Full order available
09 Aug 2019

Order Details: Copy of Judgment . Pdf Text: Received on : 12.10.2018 Registered on : 12.10.2018 Decided on : 09.08.2019 Duration : 28 : 09 : 00 D. : M. : Yr. Exhibit No. IN THE COURT OF THE METROPOLITAN MAGISTRATE, 6TH COURT, MAZGAON (SEWRI), MUMBAI (Presided over by R.S. Pere) (JUDGMENT U/SEC. 355 OF THE Cr. P. C.) (a) The serial No. of the case; : 0603092/SS/2018 CNR No. MHMM120518802018 (b) The date of commission of the offence; :…

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