Date: 04-03-2020
Date: 19-03-2020
Date: 04-04-2020
Business: In view of District court Advisory Directions issued by Honourable High court. (Corona Virus) Hence Board is discharged. Adj for.
Next Purpose: FOR VERIFICATION
Next Hearing Date: 12-06-2020
Date: 12-06-2020
Date: 17-06-2020
Business: When called out complainant present
Exh.08. Verification statement filed today.
Order below exh.1.
Read complaint and verification .
Process issue against accused u/s.138 N.I.Act.
Issue summons to accused.
For summon report.
Next Purpose: Awaiting services of notice / summons
Next Hearing Date: 25-08-2020
Date: 25-08-2020
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.
Next Purpose: Awaiting services of notice / summons
Next Hearing Date: 09-12-2020
Date: 09-12-2020
Business: When matter is called out
Complainant is absent advocate for Complainant is absent
Hence, Matter is adjourned
Next Purpose: Awaiting services of notice / summons
Next Hearing Date: 15-01-2021
Date: 15-01-2021
Business: Board is discharged.
As Ld M.M.is on leave.
Charge is with Ld. M.M.12th court.
Adj for.
Next Purpose: Awaiting services of notice / summons
Next Hearing Date: 06-02-2021
Date: 06-02-2021
Business: When called out, complainant absent advocate present.
Accused absent, adv for accused present.
Exh.9. V.P filed today.
Accused exempted.
For plea.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 06-03-2021
Date: 06-03-2021
Business: When called out, complainant present, his advocate present.
Accused absent, his advocate present.
Exh.10. Application for exemption.
Exemption granted.
Matter sent for mediation.
Exh.11. Information regarding mediation.
Exh.12.Refferal order.
For mediation report.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 06-04-2021
Date: 06-04-2021
Business: N.T.
When called out, complainant absent, his advocate present.
Accused absent, his advocate present.
for plea.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 29-05-2021
Date: 29-05-2021
Business: As per direction of SOP issued by Honourable High court and Honourable C.M.M Mumbai ( Office order No Estt. 16/679/2021 dt. 17.4.21. C.M.M office Esplanade, Mumbai ) board discharge.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 02-09-2021
Date: 02-09-2021
Business: When matter is called out.
Complainant is present Advocate for Complainant is present.
Accused is absent advocate for the Accused is present.
Exh. 13- Advocate for the accused is given exemption application.
Application is rejected.
Exh. 14- Advocate for the complainant is given warrant application.
Issue Non-bailable warrant against the accused.
Adj for warrant report.
Next Purpose: Awaiting execution of service NBW
Next Hearing Date: 13-10-2021
Date: 13-10-2021
Business: When Called out Complainant present. Advocate for complainant is present. Accused is present with advocate. Exh.15 Advocate for accused filed cancellation of warrant application. warrant is cancelled subjected to penalty of Rs. 2000 each. Exh.16 Advocate for accused filed bail application. Accused be released on personal bond of Rs. 15000/- and cash security of Rs. 5000/- each. Exh.23 Accused recorded plea. Exh. 24 Matter kept for mediation.
Adj for Mediation Report.
Next Purpose: FOR HEARING
Next Hearing Date: 17-11-2021
Date: 17-11-2021
Business: when matter is called out. complainant present. adj - Settlement.
Next Purpose: FOR HEARING
Next Hearing Date: 14-12-2021
Date: 14-12-2021
Business: When matter is called out.
Complainant is present. Advocate for the complainant is absent.
Accused is present. Advocate for the Accused is absent.
Adj for Settlement.
Next Purpose: FOR HEARING
Next Hearing Date: 30-12-2021
Date: 30-12-2021
Business: When matter is called out. Complainant is present. Advocate for the complainant is present. Accused is present. Advocate for the Accused is absent. Adj for Settlement.
Next Purpose: FOR HEARING
Next Hearing Date: 03-02-2022
Date: 03-02-2022
Business: As per direction of SOP issued by Honable H.C. and Honable CMM mumbai . Office order No. Estt- 16/93/2022. dt. 28.1.22. Hence case is adj.
Next Purpose: FOR HEARING
Next Hearing Date: 14-02-2022
Date: 14-02-2022
Business: When matter is called out. Complainant is present. Advocate for the complainant is present. Accused is present. Advocate for the Accused is present. Exh. 26 advocate for accused V.P. filed. Exh. 27- By hand delivery report. field. Adj for Settlement.
Next Purpose: FOR HEARING
Next Hearing Date: 11-04-2022
Date: 11-04-2022
Business: When matter is called out. Complainant is present. Advocate for the complainant is present. Accused is present. Advocate for the Accused is present.
Adj for Settlement.
Next Purpose: FOR HEARING
Next Hearing Date: 19-05-2022
Date: 19-05-2022
Date: 23-06-2022
Business: When matter is called out complainant is present with advocate. Accused is absent. Advocate for accused is present. Exh. 142 Advocate for complainant filed pursis. Cross examination on oath of PW-01 by advocate for the accused. Adj for
Next Purpose: PART HEARD
Next Hearing Date: 06-07-2022
Date: 06-07-2022
Business: When matter is called out complainant is present with advocate. Accused is absent. Advocate for accused is present.
Adj for Statement of accused u/sec. 313 Cr. P.C.
Next Purpose: Statement in 1st Session
Next Hearing Date: 11-07-2022
Date: 11-07-2022
Business: When matter is called out complainant is present with advocate. Accused is present. and his advocate absent.
Adj for Statement of accused u/sec. 313 Cr. P.C.
Next Purpose: Statement in 1st Session
Next Hearing Date: 18-07-2022
Date: 18-07-2022
Business: The complainant and his advocate is present. Accused no.2 is present. Accused no. 3 and 4 are absent. Exh. 143 Statement U/sec 313 of CRPC of accused no.2 is recorded. Order passed below Exh.1 - The questionnaires of statement U/sec 313 be provided to accused so as to accused no. 3 and 4 may give their answer upon it as well they sign upon it or its confirmation. Adj for
Next Purpose: Statement in 1st Session
Next Hearing Date: 06-08-2022
Date: 06-08-2022
Business: when called out. The complainant and his advocate is present. Accused No. 2 present and his advocate present. Accused No. 3 and 4 appeared through VDO Call their statement is recorded Accused No. 3 and 4.
Adj for further witness.
Next Purpose: Statement in 1st Session
Next Hearing Date: 02-09-2022
Date: 02-09-2022
Business: when called out. The complainant and his advocate is present. Accused absent and his advocate absent.
Adj for further witness.
Next Purpose: Statement in 1st Session
Next Hearing Date: 21-09-2022
Date: 21-09-2022
Business: When called out. The complainant and his advocate is present. Accused present and his advocate absent.
Adj for further Defence witness.
Next Purpose: PART HEARD
Next Hearing Date: 29-09-2022
Date: 29-09-2022
Business: When called out. The complainant and his advocate is present. Accused present and his advocate absent.
Adj for further Defence witness.
Next Purpose: PART HEARD
Next Hearing Date: 10-10-2022
Date: 10-10-2022
Business: When called out. The complainant and his advocate is present. Accused present and his advocate present. Exh. 142 Advocate for accused filed VP today. Exh. 143 Advocate for accused filed application for adjournment. Order passed below Exh. 143 Adjournment is granted subjected to cost of Rs.2000/- payable to the complainant. Cost received by the complainant. Adj for defence witness
Next Purpose: PART HEARD
Next Hearing Date: 17-10-2022
Date: 17-10-2022
Business: When called out. The complainant and his advocate is present. Accused absent and his advocate present. Exh. 144 - application u/s 311 of CRPC.
O/- The complainant to say.
Adj for defence witness
Next Purpose: PART HEARD
Next Hearing Date: 21-10-2022
Date: 21-10-2022
Business: When called out. The complainant and his advocate is present. Accused absent and his advocate present. Exh. 145 - reply on behalf of the complainant u/s 311 of CRPC.
Order below Exh. 144 - 1. Application at Exh. 144 is allowed subject to the cost of Rs. 3000/- payable to the complainant.
Adj for defence witness
Next Purpose: PART HEARD
Next Hearing Date: 07-11-2022
Date: 07-11-2022
Business: When called out. The complainant present and his advocate is present. Accused present and his advocate present. Witness is recalled in view of order below Exh. 144 dated 21.10.2022 further cross examination on oath of PW 01 Ajay Sharma by advocate Ms. Siddhali Adhikari for the accused.
Adj for defence witness
Next Purpose: PART HEARD
Next Hearing Date: 17-11-2022
Date: 17-11-2022
Date: 26-11-2022
Business: When called out. The complainant present and his advocate is present. Accused absent and his advocate present. Exh. 152 application for typographically correction in cross examination. O/- Accused to say.
Adj for defence witness.
Next Purpose: PART HEARD
Next Hearing Date: 06-12-2022
Date: 06-12-2022
Business: When called out. The complainant present and his advocate is present. Accused absent and his advocate absent. Exh. 153 Affidavit filed.
Adj for defence witness.
Next Purpose: PART HEARD
Next Hearing Date: 16-12-2022
Date: 16-12-2022
Business: When called out. The complainant present and his advocate is present. Accused present and his advocate present.
Exh. 154 reply filed.
Order below Exh. 152
The memorandum of objection raised by the complainant be recorded below the evidence of the complainant, without alteration in the wording of original recording of evidence.
Hence, the application is disposed off.
Adj for defence witness.
Next Purpose: PART HEARD
Next Hearing Date: 03-01-2023
Date: 03-01-2023
Business: When called out. The complainant present and his advocate is present. Accused present and his advocate absent.
Adj for defence witness.
Next Purpose: PART HEARD
Next Hearing Date: 13-01-2023
Date: 13-01-2023
Business: When called out. The complainant absent and his advocate is present. Accused present and his advocate present.
Exh. 156 -164 List of document. filed.
Examination in chief by Advocate Smt. Shraddha Mittal for the accused.
Examination in chief of the accused is deferred till next date on oral request of advocate for the accused.
Adj for defence witness.
Next Purpose: PART HEARD
Next Hearing Date: 19-01-2023
Date: 19-01-2023
Business: When called out. The complainant present and his advocate is present. Accused present and his advocate present. Further Examination in chief by Advocate Smt. Shraddha Mittal for the accused. Cross Examination by advocate Nilesh Ambede for the complainant. On oral request of advocate for the complainant, cross examination is deferred till next date.
Adj for defence witness.
Next Purpose: PART HEARD
Next Hearing Date: 25-01-2023
Date: 25-01-2023
Business: When called out. The complainant present and his advocate is present. Accused absent and his advocate present.
Adj for defence witness.
Next Purpose: PART HEARD
Next Hearing Date: 04-02-2023
Date: 04-02-2023
Business: When called out. The complainant present and his advocate is present. Accused present and his advocate absent.
Adj for defence witness.
Next Purpose: PART HEARD
Next Hearing Date: 08-02-2023
Date: 08-02-2023
Business: When matter is called out Complainant present. Advocate for complainant is absent.. Accused present. Advocate for accused absent.
Adj for Defence witness.
Next Purpose: PART HEARD
Next Hearing Date: 21-02-2023
Date: 21-02-2023
Business: When matter is called out Complainant present. Advocate for complainant is absent.. Accused absent. Advocate for accused present. Adj for Defence witness.
Next Purpose: PART HEARD
Next Hearing Date: 01-03-2023
Date: 01-03-2023
Business: When matter is called out Complainant present. Advocate for complainant is present. Accused present. Advocate for accused absent.
Adj for Defence witness.
Next Purpose: PART HEARD
Next Hearing Date: 14-03-2023
Date: 14-03-2023
Business: When matter is called out Complainant present. Advocate for complainant is present.. Accused present. Advocate for accused present. further cross examination of DW-01 by advocate Nilesh Ambede for the complainant.
On oral request of the advocate for the complainant, cross examination is deferred till next date.
Adj for Defence witness.
Next Purpose: PART HEARD
Next Hearing Date: 23-03-2023
Date: 23-03-2023
Business: When matter is called out Complainant present. Advocate for complainant is present.. Accused absent. Advocate for accused present.
Adj for Defence witness.
Next Purpose: PART HEARD
Next Hearing Date: 30-03-2023
Date: 30-03-2023
Business: When matter is called out complainant is present. Advocate for complainant is present. Accused is present Advocate for accused absent.
Adj for Cross examination of the complainant.
Next Purpose: PART HEARD
Next Hearing Date: 01-04-2023
Date: 01-04-2023
Business: When matter is called out complainant is present. Advocate for complainant is present. Accused is present Advocate for accused absent. Exh.168 Accused filed application. Order passed complainant to say. Complainant given say below Exh.168. O/- The complainant is not ready to accept amount as proposed by accused. The complainant is not ready for settlement on instalments. He is ready to settle case if accused paid total amount. Hence settlement can not possible. Thus application is rejected. Today cross examination of DW1 by advocate of complainant. Adj for Cross examination of the complainant.
Next Purpose: PART HEARD
Next Hearing Date: 18-04-2023
Date: 18-04-2023
Business: When matter is called out complainant is present. Advocate for complainant is present. Accused is present Advocate for accused present.
further cross examination of DW 01 by advocate NIlesh Ambede for the complainant. cross examination is over. no reexamination. .
Adj for defence witness.
Next Purpose: PART HEARD
Next Hearing Date: 21-04-2023
Date: 21-04-2023
Business: When matter is called out complainant is present. Advocate for complainant is absent. Accused is absent Advocate for accused absent.
Adj for defence witness.
Next Purpose: PART HEARD
Next Hearing Date: 28-04-2023
Date: 28-04-2023
Business: When matter is called out complainant is present. Advocate for complainant is present. Accused is present Advocate for accused absent.
Adj for defence witness.
Next Purpose: PART HEARD
Next Hearing Date: 15-05-2023
Date: 15-05-2023
Business: When matter is called out complainant is present. Advocate for complainant is absent. Accused is absent Advocate for accused present.
Adj for defence witness.
Next Purpose: PART HEARD
Next Hearing Date: 16-05-2023
Date: 16-05-2023
Business: When matter is called out complainant is present. Advocate for complainant is absent. Accused is absent Advocate for accused present. Exh. 169 application for issuance of summons to defence witness. O/- Issue Summons to witness as prayed.
Adj for defence witness.
Next Purpose: PART HEARD
Next Hearing Date: 16-06-2023
Date: 16-06-2023
Business: When matter is called out.
Complainant is present. Advocate for the Complainant is absent.
Accused is present. Advocate for the Accused is absent.
Adj for defence witness.
Next Purpose: PART HEARD
Next Hearing Date: 17-08-2023
Date: 17-08-2023
Business: Ld, M.M. is on leave.Charge is with M.M. 71st court.
Hence, board discharged.
Next Purpose: PART HEARD
Next Hearing Date: 05-10-2023
Date: 05-10-2023
Business: When matter is called out. Complainant is present. Advocate for the Complainant is present. Accused is present. Advocate for the Accused is present. Exh. 170 application for re issuance of summons.
O/- 1. Application is rejected.
2. Evidence of accused stands closed.
3. Accused is at liberty to produced the certified copy of his bank statement for relevant period in his defence on next date.
4. Order dictated and pronounced in open court.
Adj for production of document. and defence witness.
Next Purpose: PART HEARD
Next Hearing Date: 22-11-2023
Date: 22-11-2023
Business: Ld. M.M. is on leave. Charge with Ld. M.M. 71st court. Hence board is discharge.
Next Purpose: PART HEARD
Next Hearing Date: 06-01-2024
Date: 06-01-2024
Business: When matter is called out. Complainant is present. Advocate for the Complainant is absent. Accused is present. Advocate for the Accused is present. Adj for production of document. and defence witness.
Next Purpose: PART HEARD
Next Hearing Date: 01-03-2024
Date: 01-03-2024
Business: When matter is called out. Complainant is present. Advocate for the Complainant is present. Accused is present. Advocate for the Accused is absent. Adj for production of document and defence witness.
Next Purpose: PART HEARD
Next Hearing Date: 16-03-2024
Date: 16-03-2024
Business: When matter is called out. Complainant is present. Advocate for the Complainant is present. Accused is present. Advocate for the Accused is absent. Exh.171 Advocate for complainant filed written argument on behalf of the complainant U/sec 314 of CRPC. O/- Seen. Exh. 172 Accused filed adjournment application. O/- Granted. Adj for argument.
Next Purpose: PART HEARD
Next Hearing Date: 19-04-2024
Date: 19-04-2024
Business: When matter is called out. Complainant is present. Advocate for the Complainant is present. Accused is absent. Advocate for the Accused is present. Exh.173 application for advocate for accused filed exemption.O/- Granted.
Adj for argument.
Next Purpose: For Final Argument
Next Hearing Date: 03-06-2024
Date: 03-06-2024
Business: When matter is called out. Complainant is present. Advocate for the Complainant is absent. Accused is present. Advocate for the Accused is absent.
Adj for argument.
Next Purpose: For Final Argument
Next Hearing Date: 11-07-2024
Date: 11-07-2024
Business: Board is discharged. As Ld J.M.F.C.is on leave. Charge is with Ld. J.M.F.C..32nd court. Adj for
Next Purpose: For Final Argument
Next Hearing Date: 03-08-2024
Date: 03-08-2024
Business: when matter is called out. complainant is present. adv. for complainant is absent. accused present his adv. present.
Adj for final argument.
Next Purpose: For Final Argument
Next Hearing Date: 24-09-2024
Date: 24-09-2024
Business: when matter is called out. complainant is present. adv. for complainant is present. accused present his adv. absent.
Exh. 172 application for exemption. granted. Exh. 173 application for issue NBW. O/- keep for order on next date.
Adj for final argument.
Next Purpose: For Final Argument
Next Hearing Date: 06-11-2024
Date: 06-11-2024
Business: when matter is called out. complainant is absent. adv. for complainant is present. Exh. 172 application for exemption. granted. Exh. 173 application for issue NBW. O/- Issue NBW against accused as prayed.
Order below Exh. 01.
1. Issue NBW against accused persons.
2. The right of advancing arguments by the accused stands closed.
3. Matter be posted for final judgment.
L. On accused present Exh. 174 application to grant stay on NBW. complainant to say.
Adj for final order.
Next Purpose: FOR JUDGMENT
Next Hearing Date: 07-11-2024
Date: 07-11-2024
Business: Case is TOB today.
accused present and his advocate present.
Exh. 175 allowed. Exh. 176 application for cancellation of warrant. warrant stands cancelled on penalty of Rs. 500/- each. and warning.
adj for final order.
Next Purpose: FOR JUDGMENT
Next Hearing Date: 25-11-2024
Date: 25-11-2024
Business: when matter is called out. complainant is present. adv. for complainant is present. accused present and his advocate present. Exh. 174 application for permission to settle the matter. granted last chance in the interest of justice both parties to take note that no adjournment would be granted on next date on any ground.
Adj for final order.
Next Purpose: FOR JUDGMENT
Next Hearing Date: 24-12-2024
Date: 24-12-2024
Business: when called out complainant present and his advocate present. accused present and his advocate absent.
adj for final order.
Next Purpose: FOR JUDGMENT
Next Hearing Date: 28-01-2025
Date: 28-01-2025
Business: when called out complainant present and his advocate present. accused present and his advocate absent. Heard Accused No. 2 who submitted that he is ready to settled the dispute and pay the amount co-accused no. 3 and 4 absent. adjournment and exemption. granted as a last chance order passed below Exh. 172 and 173
adj for final order.
Next Purpose: FOR JUDGMENT
Next Hearing Date: 11-03-2025
Date: 11-03-2025
Business: Exh. 174
ORDER
1. Accused 1)M/S. AGASTYA GROUP INC, 2)Sameer Ramesh Rajgor (Partner), 3)Usha R. Rajgor (Partner) and 4) Ekta R. Ajugia (Partner), having office at Flat No.301, Glorious Arc. Apartment 3rd Cross Road, Behind Models Co-op. Bank I. C. Colony, Borivali(W), Mumbai-400 103. And R/o. At C/209, Samruddhi Apartment, Opp. Orchid International School, Near Garden Court, Marve Road, Malad(W), Mumbai-400 064, are held guilty of committing an offence under section 138 of the Negotiable Instrument Act.
2. Accused Nos.2 to 4 are convicted vide section 255(2)r/w. 353(6) of The Criminal Procedure Code, for the offence punishable under section 138 of the Negotiable Instrument Act, 1881 and they are sentenced to undergo simple imprisonment for 01 (One) year and to pay fine of Rs.52,78,000/- (Rupees Fifty Two Lakhs Seventy Eight Thousand only) in default of payment of fine to suffer further simple imprisonment of 01(one)year by each accused.
3. If fine is paid, the complainant shall be given compensation of Rs.52,78,000/- (Rupees Fifty Two Lakhs Seventy Eight Thousand only), out of the same u/sec.357(1)(b) of Code of Criminal Procedure.
4. The bail bonds of all accused stands cancelled.
5. The copy of Judgment be supplied to the accused No.2 free of cost forthwith.
6. Issue warrant for arrest u/sec.418(2) of Code of Criminal Procedure against the accused Nos.3 and 4 for the purpose of forwarding them to the jail.
7. The copy of Judgment be supplied to accused Nos.3 and 4 free of cost as and when arrested and brought before this Court.
(Judgment is dictated and pronounced in the open court.)
Nature Of Disposal: Accused Convicted
Disposal Date: 11-03-2025
