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ANITA KAN CHOITHRAMANIVsTARACHAND B CHAWLA AND ORS +2 more

CNR MHMM18001059202058-JUDICIAL MAGISTRATE FIRST CLASS 58TH COURT
CASE DISPOSED
Contested--Accused Convicted
Decision Date: 03rd February 2026

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
5800431/2020
Registration Date
03 Mar 2020

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    4

    Acts & Sections

    1
    NEGOTIABLE INSTRUMENTS ACT · Sec 138

    Case History / Proceedings

    Case History
    Date: 04-03-2020
    Business: When called out complainant and advocate present.
    Exh.5. Adv for complainant paying court fees today by challan
    J.to report.
    For deface.
    Next Purpose: FOR VERIFICATION
    Next Hearing Date: 27-04-2020
    
    Date: 27-04-2020
    Reason For Adjournment: National Lock Down extended up to 3rd May 2020
    Next Purpose: FOR VERIFICATION
    Next Hearing Date: 04-06-2020
    
    Date: 04-06-2020
    Business: National Lock down extended up to 30th  June 2020
    Next Purpose: FOR VERIFICATION
    Next Hearing Date: 31-07-2020
    
    Date: 31-07-2020
    
    Date: 08-10-2020
    Business: Ld. M.M. is on Leave, Charge is with Ld M.M. 71st Court, Board is discharged. Adj for
    Next Purpose: FOR VERIFICATION
    Next Hearing Date: 28-12-2020
    
    Date: 28-12-2020
    Business: Board is discharged.
    As Ld M.M.is on leave.
    Charge is with Ld. M.M.71st court.
    Adj for.
    Next Purpose: FOR VERIFICATION
    Next Hearing Date: 10-03-2021
    
    Date: 10-03-2021
    Business: When called out, complainant present, his advocate present.
    for verification.
    Next Purpose: FOR VERIFICATION
    Next Hearing Date: 05-05-2021
    
    Date: 05-05-2021
    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: FOR VERIFICATION
    Next Hearing Date: 20-07-2021
    
    Date: 20-07-2021
    Business: Ld. M.M.is on leave. Charge is A.C.M.M. 9th Court, 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 discharged.
    Next Purpose: FOR VERIFICATION
    Next Hearing Date: 08-10-2021
    
    Date: 08-10-2021
    Business: When matter is called out Complainant and his advocate is present Exh. 6- Complainant is given verification statement Read and recorded O/Exh.1- Issue process against accused  No 1 u/s. 138 of the Negotiable Instrument Act Adj for summons report
    Next Purpose: Awaiting services of notice / summons
    Next Hearing Date: 20-01-2022
    
    Date: 20-01-2022
    Business: As per direction of SOP issued by Honable H.C. and Honable CMM mumbai . Office order No. Estt- 16/26/2022. dt. 7.1.22. Hence case is adj.
    Next Purpose: Awaiting services of notice / summons
    Next Hearing Date: 03-03-2022
    
    Date: 03-03-2022
    
    Date: 07-03-2022
    Business: Accused is present with Advocate. Exh.7 Matter is taken on board. Allowed. Exh.08 Advocate for accused filed VP today. Exh.9 Application for bail. Accused be released on PB and cash security of Rs.10000/- Exh.10 PB and Cash bond. Exh.11 Plea of accused. Adj for evidence
    Next Purpose: FOR HEARING
    Next Hearing Date: 08-04-2022
    
    Date: 08-04-2022
    Business: When matter is called out complainant is present. Advocate for complainant is present. Accused is absent. Advocate for accused is absent. Exh. 12 Complainant filed affidavit of evidence in chief. Exh. 13 List of Document filed. Adj for cross
    Next Purpose: PART HEARD
    Next Hearing Date: 11-08-2022
    
    Date: 11-08-2022
    
    Date: 15-10-2022
    Business: When matter is called out complainant is absent. Advocate for complainant is absent. Accused is absent. Advocate for accused is present.
    Adj for cross examination of the complainant.
    Next Purpose: PART HEARD
    Next Hearing Date: 06-01-2023
    
    Date: 06-01-2023
    Business: Ld. MM is on leave charge with Ld MM 12th court,
    Hence Board is discharged
    adj for
    Next Purpose: PART HEARD
    Next Hearing Date: 31-01-2023
    
    Date: 31-01-2023
    Business: Ld M.M. is on leave. Hence Board is discharge. Charge with Ld ACMM 9th court. Adj for
    Next Purpose: PART HEARD
    Next Hearing Date: 01-03-2023
    
    Date: 01-03-2023
    
    Date: 15-06-2023
    
    Date: 10-08-2023
    Business: When matter is called out. Complainant is Present. Advocate for the Complainant is present. Accused is absent. Advocate for the Accused is Present. Adj for Cross examination of the complainant.
    Next Purpose: PART HEARD
    Next Hearing Date: 16-10-2023
    
    Date: 16-10-2023
    Business: When matter is called out. Complainant is Present. Advocate for the Complainant is present. Accused is absent. Advocate for the Accused is Present. Adj for Cross examination of the complainant.
    Next Purpose: PART HEARD
    Next Hearing Date: 08-12-2023
    
    Date: 08-12-2023
    Business: When matter is called out. Complainant is present. Advocate for the Complainant is present. Accused is absent. advocate for the accused is present.
    Cross examination of CW 01 Anita Choitramani by advocate Mr. Nisha Narayankar for the accused.
    Cross examination deferred till next date.
    Adj for Cross examination of the complainant.
    Next Purpose: PART HEARD
    Next Hearing Date: 03-02-2024
    
    Date: 03-02-2024
    Business: When matter is called out. Complainant is present. Advocate for the Complainant is present. Accused is absent. advocate for the accused is present.
    Adj for Cross examination of the complainant.
    Next Purpose: PART HEARD
    Next Hearing Date: 15-03-2024
    
    Date: 15-03-2024
    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.37 Advocate for accused filed exemption application. O/- Exemption granted as a last chance for subject to taking cross examination. Exh. 38 Application for adjournment of accused. O/- Application granted subject to cost of Rs.5000/- to be paid to complainant as a one more last chance, cost are condition precedent to exercise right of cross examination and no adjournment will be given on next date. Adj for Cross examination of the complainant.
    Next Purpose: PART HEARD
    Next Hearing Date: 13-05-2024
    
    Date: 13-05-2024
    Business: L.d M.M is on vacation leave. Board is discharged. Hence charge with Ld. ACMM 9th Court.
    Next Purpose: PART HEARD
    Next Hearing Date: 05-07-2024
    
    Date: 05-07-2024
    Business: When matter is called out. Complainant is present. Advocate for the Complainant is present. Accused is absent. advocate for the accused is present.
    Further cross examinationof CW 01 Anita Choithramani by advocate Ms. Kimaya Keni holding for Ms. Nisha Narayankar for the accused.
    cross examination is over.
    Exh. 39 application for exemption. granted
    Exh. 40 undertaking. seen.
    Adj for further any other witness.
    Next Purpose: PART HEARD
    Next Hearing Date: 23-07-2024
    
    Date: 23-07-2024
    Business: Ld. M.M. is on leave charge with Ld. M.M. 71st court. Hence board is discharge.
    adj for
    Next Purpose: PART HEARD
    Next Hearing Date: 25-09-2024
    
    Date: 25-09-2024
    Business: When matter is called out. Complainant is present. Advocate for the Complainant is absent. Accused is absent. advocate for the accused is present. Exh. 41 application for issuance of witness summons. O/- Issue witness summons as prayed.
    Adj for further any other witness.
    Next Purpose: PART HEARD
    Next Hearing Date: 12-11-2024
    
    Date: 12-11-2024
    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. 43  application for issuance of witness summons. O/- Issue witness summons as prayed.
    Adj for further any other witness.
    Next Purpose: PART HEARD
    Next Hearing Date: 07-12-2024
    
    Date: 07-12-2024
    Business: When matter is called out. Complainant is present. Advocate for the Complainant is present. Accused is absent. advocate for the accused is present.  Examination  in chief of CW 02 by advocate Mr. R. V. yadav for the complainant.
    cross examination is deferred till next date.
    Adj for further any other witness.
    Next Purpose: PART HEARD
    Next Hearing Date: 22-01-2025
    
    Date: 22-01-2025
    Business: When matter is called out. Complainant is present. Advocate for the Complainant is present. Accused is absent. advocate for the accused is present.  Adj for further any other witness.
    Next Purpose: PART HEARD
    Next Hearing Date: 04-03-2025
    
    Date: 04-03-2025
    Business: When matter is called out. Complainant is present. Advocate for the Complainant is present. Accused is absent. advocate for the accused is present.
    Cross examination of CW 02 Rajesh Jethanand Rohra by advocate Ms. Nisha Nayarankar for the accused.
    cross examination is over.
    Exh. 45 application for exemption. granted.
    Adj for further any other witness.
    Next Purpose: PART HEARD
    Next Hearing Date: 28-04-2025
    
    Date: 28-04-2025
    Business: When matter is called out. Complainant is present. Advocate for the Complainant is absent. Accused is absent. advocate for the accused is present.
    Adj for further any other witness.
    Next Purpose: PART HEARD
    Next Hearing Date: 30-06-2025
    
    Date: 30-06-2025
    Business: called on today complainant present his advocate is present accused and advocate is present.  Examination in Chief of CW -02 by advocate Mr. R.B. Yadav for the complainant.
    Cross Examination by advocate Mrs. Nisha Narayankar for the accused. Cross examination is over. No re Examination. adj for 313
    Next Purpose: FOR STATEMENT  313 CR.PC
    Next Hearing Date: 21-08-2025
    
    Date: 21-08-2025
    Business: called on today complainant present her advocate is present accused present and advocate is present. Exh. 51 statement of accused u/s 313 of CRPC is recorded.
    Exh. 50A. pursis for closing evidence.
    adj for final argument.
    Next Purpose: For Final Argument
    Next Hearing Date: 04-10-2025
    
    Date: 04-10-2025
    Business: called on today complainant absent her advocate is present accused absent and advocate is present. Exh. 52 application for exemption. granted for today.
    adj for final argument.
    Next Purpose: For Final Argument
    Next Hearing Date: 19-11-2025
    
    Date: 19-11-2025
    Business: Ld. JMFC is on leave charge with
    Ld. JMFC 71st court. Hence board is discharge.
    adj for
    Next Purpose: For Final Argument
    Next Hearing Date: 12-12-2025
    
    Date: 12-12-2025
    Business: called on today complainant present her advocate is present accused absent and advocate is present. Exh. 53 application for exemption. granted for today.
    Exh. 54  written argument on behalf of the complainant. seen.
    adj for final argument.
    Next Purpose: For Final Argument
    Next Hearing Date: 22-12-2025
    
    Date: 22-12-2025
    Business: called on today complainant present her advocate is present accused absent and advocate is present. Exh. 55 application for exemption. granted for today. Exh. 56  application for adjournment. O. S. to say.
    adjournment granted  as a last chance no adjournment be granted on next date.
    adj for final argument.
    Next Purpose: For Final Argument
    Next Hearing Date: 29-12-2025
    
    Date: 29-12-2025
    Business: called on today complainant present her advocate is present accused absent and advocate is present. Exh. 57 application for exemption. granted for today.
    Exh. 58 written submission on behalf of the accused. seen.
    adj for final order.
    Next Purpose: FOR JUDGMENT
    Next Hearing Date: 03-02-2026
    
    Date: 03-02-2026
    Business: called on today complainant present and his advocate present. accused present and his advocate present.
    Exh.59.
    Order.
    1. Accused  Tarachand B.  Chawla. age 85 years. R/o worli mumbai. is held guilty  vide section 255(2) of the CRPC and section 278 (2) of the Bhartiya Nagarik Suraksha Sanhita 2023 for the offence punishable under section 138 of the Negotiable Instruments Act, 1881 and he is sentenced to undergo simple imprisonment for 01 (One) year and to pay fine of Rs.20,00,000/- in default of fine shall  suffer further simple imprisonment for 06 (six)  month.
    2. If fine is paid  the same be given to the complainant as compensation u/s 357(1)(b) of code of criminal procedure and u/s 395(1)(b)of the Bhartiya Nagarik Suraksha Sanhita, 2023.
    3. Accused to surrender his bail bond.
    4. The copy of Judgment be supplied to the accused free of cost.
     (Judgment is dictated and pronounced in the open Court)
    Nature Of Disposal: Accused Convicted
    Disposal Date: 03-02-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 7001792/2020
    Filing Date: 26-02-2020
    First Hearing Date: 04th March 2020
    Decision Date: 03rd February 2026
    Court Number And Judge: 58-JUDICIAL MAGISTRATE FIRST CLASS 58TH COURT

    Orders

    15
    Final Order 9Full order available
    03 Feb 2026

    Order Details: Order Below EX 1 Pdf Text: MHMM180010592020 Case No.431/SS/2020 IN THE COURT OF JUDICIAL MAGISTRATE (FIRST CLASS), 58TH COURT, BANDRA, MUMBAI ORDER BELOW APPLICATION EXH.61 FOR SUSPENSION OF SENTENCE Read application moved under section 389 (3) of Code of Criminal Procedure on behalf of the accused for suspending the substantive sentence. 2. Needless to state that section 389(3) of Code of Criminal Procedure, empowers the court to use the discretion for suspending substantive sentence till appeal period and…

    Read Full Order
    Final Order 8Full order available
    03 Feb 2026

    Order Details: Order Below EX 1 Pdf Text: MHMM180010592020 Case No.431/SS/2020 IN THE COURT OF JUDICIAL MAGISTRATE (FIRST CLASS), 58TH COURT, BANDRA, MUMBAI ORDER BELOW APPLICATION EXH.60 FOR BAIL AFTER CONVICTION Read application for releasing the accused on bail till filing Appeal against the Judgment and Order of Conviction. 2. Section 389(3) of Code of Criminal Procedure empowers to release the convicted person on bail who intends to present the appeal. Accused has right to challenge the impugned Judgment and…

    Read Full Order
    Final Order 7Full order available
    03 Feb 2026

    Order Details: Copy of Judgment Pdf Text: MHMM180010592020 Received On : 26.02.2020 Registered on : 03.03.2020 Decided on : 03.02.2026 Duration : 05 Y 11 M 08 D Part ‘A’ (Para 44(i) of Chapter VI of Criminal Manual) IN THE COURT OF JUDICIAL MAGISTRATE, FIRST CLASS, 58TH COURT, BANDRA, MUMBAI (Presided over by : Mahesh Prabhakar Saraf) Summons Case No.5800431/SS/2020 JUDGMENT Exh.59 (Delivered on 03rd February, 2026) Prosecution/ Complainant : MRS.ANITA KAN CHOITHRAMANI Age : 75 years, Occ. Housewife, R/o.…

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    Interim Order 6
    21 Aug 2025
    Order Details: Copy of Document.
    Pdf Text: -- 1 of 4 --
    -- 2 of 4 --
    -- 3 of 4 --
    -- 4 of 4 --
    Interim Order 5Full order available
    30 Jun 2025

    Order Details: Order Below EX 1 Pdf Text: C.C.No.431/SS/2020 CW-02 EXH.47 I solemnly affirm on oath that - My name is Varun Kaikin Age : 39 years, Occupation : Sr. Manager, SVC CO.Op. Bank, Santacruz(W) branch. R/o. Charkop, Kandivali (W),Mumbai. Examination-in-Chief of CW-02 by advocate Mr. R.B. Yadav for the complainant : 1. Today I am present as I received witness summons. I am authorized to depose before the court. I have brought my identity card. Now I am shown…

    Read Full Order
    Interim Order 4Full order available
    04 Mar 2025

    Order Details: Order Below EX 1 Pdf Text: 3 C.C.No.431/SS/2020 CW-2 Exh.44 Cross examination of CW-02- Rajesh Jethanand Rohra by advocate Ms. Nisha Nayarankar for the accused : 4. I will have to check whether I possess or not any document to show that I am working as a broker in Midas Finance. I am partner of said firm. There may be partnership agreement to that effect. I can produce it on next date. I am not sure whether complainant…

    Read Full Order
    Interim Order 3Full order available
    07 Dec 2024

    Order Details: Copy of Document. Pdf Text: C.C.No.431/SS/2020 CW-02 EXH.44 I solemnly affirm on oath that - My name is Rajesh Jethnand Rohira Age : 44 years, Occupation : Partner of MIDAS Financial Services. R/o. Khar (W), Mumbai. Examination-in-Chief of CW-02 by advocate Mr. R. V. Yadav for the complainant : 1. Money lenders as well as borrowers used to visit our office. I am working as a broker for MIDAS Financial Services. We used to verify the financing capacity…

    Read Full Order
    Interim Order 2Full order available
    05 Jul 2024

    Order Details: Order Below EX 1 Pdf Text: 17 C.C.No.431/SS/2020 CW-1 Exh.12 16. Whatever stated by me in my evidence affidavit is true and correct and in token thereof I have signed the affidavit. (M. P. Saraf) Date : 08.12.2023 Metropolitan Magistrate, 58th Court, Bandra, Mumbai. Cross examination of CW-01- Anita Choithramani by advocate Ms. Nisha Narayankar for the accused : 17. I am housewife. I have filed present case for Rs.10,00,000/-. My husband had said amount with him to…

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    Interim Order 1
    08 Dec 2023
    Order Details: Order Below EX 1
    Pdf Text: -- 1 of 2 --
    -- 2 of 2 --
    Order 6
    21 Aug 2025
    Order Details: Copy of Document.
    Pdf Text: -- 1 of 4 --
    -- 2 of 4 --
    -- 3 of 4 --
    -- 4 of 4 --
    Order 5Full order available
    30 Jun 2025

    Order Details: Order Below EX 1 Pdf Text: C.C.No.431/SS/2020 CW-02 EXH.47 I solemnly affirm on oath that - My name is Varun Kaikin Age : 39 years, Occupation : Sr. Manager, SVC CO.Op. Bank, Santacruz(W) branch. R/o. Charkop, Kandivali (W),Mumbai. Examination-in-Chief of CW-02 by advocate Mr. R.B. Yadav for the complainant : 1. Today I am present as I received witness summons. I am authorized to depose before the court. I have brought my identity card. Now I am shown…

    Read Full Order
    Order 4Full order available
    04 Mar 2025

    Order Details: Order Below EX 1 Pdf Text: 3 C.C.No.431/SS/2020 CW-2 Exh.44 Cross examination of CW-02- Rajesh Jethanand Rohra by advocate Ms. Nisha Nayarankar for the accused : 4. I will have to check whether I possess or not any document to show that I am working as a broker in Midas Finance. I am partner of said firm. There may be partnership agreement to that effect. I can produce it on next date. I am not sure whether complainant…

    Read Full Order
    Order 3Full order available
    07 Dec 2024

    Order Details: Copy of Document. Pdf Text: C.C.No.431/SS/2020 CW-02 EXH.44 I solemnly affirm on oath that - My name is Rajesh Jethnand Rohira Age : 44 years, Occupation : Partner of MIDAS Financial Services. R/o. Khar (W), Mumbai. Examination-in-Chief of CW-02 by advocate Mr. R. V. Yadav for the complainant : 1. Money lenders as well as borrowers used to visit our office. I am working as a broker for MIDAS Financial Services. We used to verify the financing capacity…

    Read Full Order
    Order 2Full order available
    05 Jul 2024

    Order Details: Order Below EX 1 Pdf Text: 17 C.C.No.431/SS/2020 CW-1 Exh.12 16. Whatever stated by me in my evidence affidavit is true and correct and in token thereof I have signed the affidavit. (M. P. Saraf) Date : 08.12.2023 Metropolitan Magistrate, 58th Court, Bandra, Mumbai. Cross examination of CW-01- Anita Choithramani by advocate Ms. Nisha Narayankar for the accused : 17. I am housewife. I have filed present case for Rs.10,00,000/-. My husband had said amount with him to…

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    Order 1
    08 Dec 2023
    Order Details: Order Below EX 1
    Pdf Text: -- 1 of 2 --
    -- 2 of 2 --

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