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Summons cases SS

Rasheed A AhmedVsSABIR KHAN

CNR MHMM1205526820183-Judicial Magistrate First Class 6th Court
Sewri, MM Court
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--JUDGMENT
Decision Date: 14th January 2020

TrustJury record updated 08 Oct 2026

Case Overview

Registration Number
603531/2018
Registration Date
31 Oct 2018

Advocates

2

For Petitioner

For Respondent

Parties

2

Petitioner

  1. 1Rasheed A Ahmed

Respondent

  1. 1SABIR KHAN

Acts & Sections

1
NEGOTIABLE INSTRUMENTS ACT · Sec 138

Case History / Proceedings

Case History
Date: 01-11-2018
Business: Complaint received from filing cell Comp. absent Adv. present
Exb.1 Complaint Adj. for verification.
Next Purpose: NOT HEARD CASES
Next Hearing Date: 03-11-2018

Date: 03-11-2018
Business: Complainant present with Adv
Exh.2 Vakalatnama
Exh.3 Supporting affidavit
Exh.4 Verification-- seen and fied
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: 05-12-2018

Date: 05-12-2018
Business: Complainant absent. Adv present Both Accused are  present  with Adv
Exh,5 Vakalatnama
Exh.6  accused made an application for bail--
Accused shall be released on P.R.bond of Rs. 15000/-
Exh.7 and 8  P.R.bond
Exh.9plea of accused
Adj for filling affidavit
Next Purpose: FOR FILING AFFIDAVIT
Next Hearing Date: 28-12-2018

Date: 28-12-2018
Business: Complainant absent. Adv present
Accused absent
Exh.10 Envelope
Adj for filling affidavit
Next Purpose: FOR FILING AFFIDAVIT
Next Hearing Date: 05-01-2019

Date: 05-01-2019
Business: Complainant present with Adv
Accused absent. Adv present
Exh.11 Affidavit of Examination-in-Chief of complainant---seen and filed
Exh. 12 List of document---- seen and filed
Exh.13 to 17 Copy of bills
Exh.18 to 20 Cheques
Exh. 21 to 23 Memos
Exh.24 Notice
Exh. 25 to 28 Postal receipt
Exh.29 to 31 Envelopes
Exh.32 Adv for accused filed exemption application --- allowed
Adj for cross
Next Purpose: PART HEARD CASES AT 11.00 AM
Next Hearing Date: 01-02-2019

Date: 01-02-2019
Business: Complainant present with Adv
Accused present with Adv
Exh33 Vakalatnama--- seen and filed
Exh.34 Adv for accused filed adjournment application --- Application is allowed as last chance subject to cost of Rs.300/- be paid to complainant
Adj for cross
Next Purpose: PART HEARD CASES AT 11.00 AM
Next Hearing Date: 27-02-2019

Date: 27-02-2019
Business: Complainant present with Adv
Accused present with Adv
Cross examination of C.W.No.1 Rasheed on oath for accused by Adv Shri R.R. Mishra---
Adjourned for further cross-examination on request of adv for the accused
Adj for further  cross
Next Purpose: PART  HEARD AT ( 2.45P.M.)
Next Hearing Date: 19-03-2019

Date: 19-03-2019
Business: Comp. and adv. present, Accu. and adv. present, on oral request of accused, Adj for further cross.
Next Purpose: PART  HEARD AT ( 2.45P.M.)
Next Hearing Date: 04-04-2019

Date: 04-04-2019
Business: Complainant present with Adv
Accused present with Adv
Further cross examination of C.W. No.1 Rashid on oath for accused by Adv Shri. Mishra
Cross over
Exh.35 Adv for complainant made an application for summons to bank witness--- issue summons as prayed
Adj for bank witness
Next Purpose: PART  HEARD AT ( 2.45P.M.)
Next Hearing Date: 22-05-2019

Date: 22-05-2019
Business: Complainant absent. Adv present
Accused present with Adv
Exh.36 Deposition of witness No.2 for complainant on S.A
Name- Nilesh Kadu
Examination-in-Chief by Adv Shri Hamid Ali for Complainant
Exh.37 List of document
Exh.38 Letter
Exh.39 Account statement
Exh.40 Report
Cross Examination by Adv Shri Mishra of accused
Cross over
Adj for evidence
Next Purpose: PART HEARD CASES AT 11.00 AM
Next Hearing Date: 11-06-2019

Date: 11-06-2019
Business: Complainant present.  Adv present
Accused absent. Adv present.
Exh.41 Adv for accused filed exemption application -- granted
Exh.42 Adv for complainant made an application for closing evidence--- filed
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 absent. Adv present
Exh.43 Adv for accused filed exemption application-- granted
Exh.44 Adv for accused filed adjournment application--- granted
as last chance
Adj for statement of accused
Next Purpose: STATEMENT OF ACCUSED
Next Hearing Date: 06-07-2019

Date: 06-07-2019
Business: Complainant present with Adv
Both Accused are present with Adv
Exh.45 and 46 Statement of accused
Adj for Defence evidence
Next Purpose: PART HEARD CASES AT 11.00 AM
Next Hearing Date: 25-07-2019

Date: 25-07-2019
Business: Complainant present with Adv
Accused absent. Adv absent
order passed on Exh.1
Defence evidence closed kept for final Argument
Adj for  Final Argument
Next Purpose: ARGUMENT
Next Hearing Date: 03-08-2019

Date: 03-08-2019
Business: Ld. M. M. is on Training duty  at Uttan. Charge with 20th Court, Board is discharged Adj to
Next Purpose: ARGUMENT
Next Hearing Date: 16-08-2019

Date: 16-08-2019
Business: Ld. M.M. is on jail visit, charge with M.M. 25th court, Adj. for
Next Purpose: ARGUMENT
Next Hearing Date: 03-09-2019

Date: 03-09-2019
Business: Complainant present. Adv present.
Accused absent. Adv present
Exh.47 Adv for accused made an application for setting aside order of closing defence evidence--- complainant to say
Adv for complainant given say on application
Adj for Argument on Exh.47/ Argument
Next Purpose: ARGUMENT
Next Hearing Date: 18-09-2019

Date: 18-09-2019
Business: Complainant present with Adv
Accused present with Adv
order passed on Exh.47
Application is allowed subject to cost of Rs.1000/-to be given to complainant
Adj for Deface evidence
Next Purpose: PART  HEARD AT ( 2.45P.M.)
Next Hearing Date: 04-10-2019

Date: 04-10-2019
Business: Complainant present with Adv
Accused present with Adv
Exh.48 Deposition of witness No.1 for accused on S.A.
Name- Mohd Sabir Khan
Examination -in-Chief by Ld. Adv R.R. Mishra for the accused ----
Cross Examination by Ld. Adv S. Hamid Ali for the complainant ---
cross over
Exh.49 Deposition of witness NO.2 for Accused on S.A.
Name - Nisar Ahmed Khan
Examination -in-Chief by Ld Adv R.R. Mishra for the accused---
Cross examination by Ld Adv S. Hamid Ali for the complainant---
Cross over
Adj for Defence evidence
Next Purpose: PART  HEARD AT ( 2.45P.M.)
Next Hearing Date: 19-10-2019

Date: 19-10-2019
Business: Complainant present with Adv
Accused absent. Adv present.
Exh.50 Adv for accused filed exemption application --- granted
Exh.51 Adv for accused made an application for appointment and calling report of handwritting expert--- Complainant to say
Adj for Defence evidence/ say on Exh.51
Next Purpose: PART  HEARD AT ( 2.45P.M.)
Next Hearing Date: 16-11-2019

Date: 16-11-2019
Business: Complainant present  with Adv
Accused absent. Adv  present.
Exh.52 Adv for accused filed  exemption application --- granted
Adj for order on Exh.51/ Defence evidence
Next Purpose: PART  HEARD AT ( 2.45P.M.)
Next Hearing Date: 27-11-2019

Date: 27-11-2019
Business: Complainant present with Adv
Accused absent. Adv present
order passed on Exh.51
Application is rejected
Exh.53 Adv for accused filed evidence close pursis--- filed
Adj for Argument
Next Purpose: ARGUMENT
Next Hearing Date: 17-12-2019

Date: 17-12-2019
Business: Complainant absent. Adv absent
Accused present . Adv present
Exh.54 Adv for accused made an application for adjournment application-- granted
Adj for Argument
Next Purpose: FOR FINAL  ARGUMENT
Next Hearing Date: 26-12-2019

Date: 26-12-2019
Business: Complainant present. Adv. present.
Accused present. Adv. present.
Argument heard both sides.
Adj for Judgment.
Next Purpose: JUDGEMENT (2.45 P.M.)
Next Hearing Date: 14-01-2020

Date: 14-01-2020
Business: Complainant absent. Adv present
Accused present with Adv
Judgment pronounced in open court
Accused are acquitted
Exh.55 Judgment
order
1. Accused No.1 and Accused No.2 are acquitted for the offence punishabe U/sec 138 of the N.I. Act U/sec 255 of Cr. P.C.
2. Bail bond of accused stand cancelled
3. Accused are directed to furnish P.R. bond of Rs. 15, 000/- each for the complainant of section 437-A of Cr. P.C.
Exh.56 and 55 P.R. bond
All stamps are duly panch and cancelled
Nature Of Disposal: JUDGMENT
Disposal Date: 14-01-2020

Additional Case Details

Additional Case Details
Filing Number: 254869/2018
Filing Date: 25-10-2018
First Hearing Date: 01st November 2018
Decision Date: 14th January 2020
Court Number And Judge: 3-Judicial Magistrate First Class 6th Court

Orders

1
Final Order 1Full order available
14 Jan 2020

Order Details: Copy of Judgment . Pdf Text: Presented on : 25.10.2018 Registered on : 25.10.2018 Decided on : 14.01.2020 Duration : 20 : 02 : 01 DD:MM:YY IN THE COURT OF THE METROPOLITAN MAGISTRATE, 06TH COURT, MAZGAON (SEWRI), MUMBAI (Presided over by R. S. Pere) Exhibit CNR No.MHMM120552682018 a) The serial number of the case : 0603531/SS/2018 b) The date of commission of the offence : 13.08.2018 & 16.08.2018 c) The name of the complainant : Rasheed A. Ahamed…

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