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Summons Cases SS - Summons Case SS

VIJAY BAILURVsVIVEK AGARWAL

CNR MHMM18000914201858-
CASE DISPOSED
Contested--Accused Convicted
Decision Date: 30th September 2019

TrustJury record updated 24 Sept 2026

Case Overview

Registration Number
3061/2017
Registration Date
29 Nov 2017

Advocates

0

No advocate information is available in this record.

Parties

2

Petitioner

  1. 1VIJAY BAILUR

Respondent

  1. 1VIVEK AGARWAL

Acts & Sections

1
NEGOTIABLE INSTRUMENTS ACT · Sec 138

Case History / Proceedings

Case History
Date: 03-02-2018
Business: When matter is called out
Complainant is present with his advocate
Exh.4 to Exh.6 - Complainant given verification Statement, Affidavit of evidence and list of document
For process order
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 14-02-2018

Date: 14-02-2018
Business: as per roznama
Next Purpose: NOT HEARD CASES
Next Hearing Date: 20-03-2018

Date: 20-03-2018
Business: When matter is called out
Both parties are absent
Both advocate are present
Exh.7 and Exh.8- Advocate for accused given vakalatnama and exemption application
For Plea of accused
Next Purpose: NOT HEARD CASES
Next Hearing Date: 06-04-2018

Date: 06-04-2018
Business: When matter is called out
Complainant is absent advocate for complainant is present
Accused and his advocate is present
Exh.9- Advocate for accused is given bail application
Exh.10- Accused be release on P.R. Bond of Rs.15,000/-
Exh.11.- Accused recorded plea
Adj for evidence
Next Purpose: PART HEARD
Next Hearing Date: 13-06-2018

Date: 13-06-2018
Business: Ld. MM is on leave.  Charge with ACMM, 9th Court.  Board discharged.  Adjourned to
Next Purpose: PART HEARD
Next Hearing Date: 04-08-2018

Date: 04-08-2018
Business: When called out complainant present.  Ld. Counsel for complainant present.  Accused absent.  Ld. Counsel for accused present.
Accused exempted for a day.
Accused has not filed say on documents.  Hence Original documents are exhibited.  Accordingly order passed on Exh. 6.
Documents are exhibited viz. Exh. 12 to 18.
LD. Counsel for complainant filed application for passing No cross order.
The documents are exhibited.  Hence put up on next date.
Matte is adjourned for cross of P.W.No.1.
Adjourned to
Next Purpose: PART HEARD
Next Hearing Date: 03-09-2018

Date: 03-09-2018
Business: When called out both parties are absent.  LD. Counsel for complainant present.  Ld. Counsel for accused absent.
Today case is fixed for cross of P.w.No.1.
Ld. Counsel for complainant filed application for adjournment.
Adjournment granted.
Adjourned to
Next Purpose: PART HEARD
Next Hearing Date: 12-10-2018

Date: 12-10-2018
Business: When called out both parties are absent. LD. Counsel for complainant present. Ld. Counsel for accused absent. Today case is fixed for cross of P.w.No.1. Ld. Counsel for complainant filed application for adjournment. Adjournment granted. Adjourned to
Next Purpose: PART HEARD
Next Hearing Date: 03-12-2018

Date: 03-12-2018
Business: When called out complainant absent.  Ld. Counsel for complainant present.  Accused absent.  LD. Counsel for accused absent.
Today matter is fixed for cross of P.W.No. 1.
Ld. Counsel for complainant filed application for adjournment and requested date for keeping complainant present before Court on next date.
Adjournment granted as last chance.
Adjourned to
Next Purpose: PART HEARD
Next Hearing Date: 19-01-2019

Date: 19-01-2019
Business: When called out complainant present with advocate
Accused and advocate absent
Exh 19 Adv for complainant filed application for no cross order.
Order passed on exh 1. P.W. No.1 is present .Cross is closed.
Exh 20 Adv for complainant filed pursis of close the evidence.
for 313
Next Purpose: Statement in 1st Session
Next Hearing Date: 20-02-2019

Date: 20-02-2019
Business: When matter is called out
Complainant is absent advocate for complainant is present
Accused is absent advocate for accused is absent
O/exh.1- The accused is absent. Statement u/s. 313 Cr. P. C. is dispensed.
Adj for defance witness
Next Purpose: Statement in 1st Session
Next Hearing Date: 18-03-2019

Date: 18-03-2019
Business: When matter is called out
Complainant is absent advocate for complainant is present
Accused is absent advocate for accused absent
O/Exh.1- The accused is absent. His defance evidence stands closed.
Exh. 21- Advocate for complainant is given written argument notes on behalf of the complainant
Adj for Argument of the accused
Next Purpose: Statement in 1st Session
Next Hearing Date: 26-04-2019

Date: 26-04-2019
Business: When matter is called out
Complainant is absent advocate for Complainant is present
Accused is absent advocate for accused is absent
Adj for Argument of the accused
Next Purpose: Statement in 1st Session
Next Hearing Date: 10-06-2019

Date: 10-06-2019
Business: When called out complainant and advocate present.
Accused  absent advocate present.
Exh.22.V.P.filed today.
Exh.23. Adv for accused filed adjournment.
O.S to say.
Say filed.
For argument of accused.
Next Purpose: Statement in 1st Session
Next Hearing Date: 15-07-2019

Date: 15-07-2019
Business: When matter is called out
Complainant is absent advocate for Complainant is absent
Accused is absent advocate for Accused is absent
Adj for Argument of the accused
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 28-08-2019

Date: 28-08-2019
Business: When called out complainant and advocate present.
Accused and advocate absent.
For argument of accused and order.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 16-09-2019

Date: 16-09-2019
Business: Board is discharged.
As Ld M.M.is on leave.
Charge is with M.M.12th court.
Adj for.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 30-09-2019

Date: 30-09-2019
Business: When called complainant and advocate present.
Accused absent advocate absent.
Today order passed.
Accused is convicted u/sec 255(2)  of crpc for the offence punishable u/sec138 of N.I.Act.
Accused  is further sentenced u/sec 357 (3) of crpce and to pay compensation sum of Rs 1,71,349/-  to the complainant along with interest 6 percentage per annum from the date of cheque to the judgment,  i.d S.I. for two months.
Accused surrender his bail bond.
In case the accused is absent , issue Nbwt against  him.
Copy of judgment shall be given to accused free of cost.
Judgment dictated and pronounced in open court.
Nature Of Disposal: Accused Convicted
Disposal Date: 30-09-2019

Additional Case Details

Additional Case Details
Filing Number: 10180/2017
Filing Date: 29-11-2017
First Hearing Date: 03rd February 2018
Decision Date: 30th September 2019
Court Number And Judge: 58-

Orders

2
Final Order 2
30 Sept 2019
Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF THE METROPOLITAN MAGISTRATE, 58TH
COURT, BANDRA, MUMBAI
C.C.No.3061/SS/2017
ORDER BELOW APPLICATION DATED 04.11.2019
The complainant filed this application for correcting
the name of his Advocate on the Judgment dated 30.09.2019.
Name of Advocate written on the Judgment is Anil A. Shukla
instead of Anil A.Jakatdar. It is in the title clause. There is no
correction in the body of the Judgment. It is due to oversight and
clerical in nature. In view of Sec.362 of Cr.P.C. i.e. clerical error,
hence, the correction is carried out by mentioning the application
on the side of the correction.
Mumbai, (P.V.Bulbule.)
Dated : 04.11.2019. Metropolitan Magistrate,
58th Court, Bandra, Mumbai.
-- 1 of 1 --
Final Order 1Full order available
30 Sept 2019

Order Details: Copy of Judgment Pdf Text: 1 C.C.No.3061/SS/2017. Filed on : 29.11.2017. Decided on : 30.09.2019. Duration : 01Y 10M 01D. IN THE COURT OF METROPOLITAN MAGISTRATE, 58TH COURT, BANDRA, MUMBAI. (Presided over by P.V. Bulbule) C.C. No.3061/SS/2017. (CNR NO.MHMM180009142018) Exh.No.: 24. Mr.VIJAY BAILUR. Adult, Occu. : Retired. Indian Inhabitant, Residing at Flat No.903/904, Tower – 3, 9th Floor, Rustomjee Ozone, Goregaon (West), Mumbai400 062. ....Complainant. V/s. Mr.VIVEK AGARWAL. Adult, Occu. : Business, Indian Inhabitant, presently Residing at Flat…

Read Full Order

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