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Summary Cases

Kishore Vasant KhavareVsPandurang Subhana Jakate

CNR MHMM18002004202358-JUDICIAL MAGISTRATE FIRST CLASS 58TH COURT
CASE DISPOSED
Contested--Case Withdrawn Accused Acquitted
Decision Date: 30th August 2025

TrustJury record updated 29 Sept 2026

Case Overview

Registration Number
5800200/2023
Registration Date
28 Mar 2023

Advocates

1

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Negotiable Instruments (Amendment) Act · Sec 138

    Case History / Proceedings

    Case History
    Date: 28-03-2023
    Business: Complainant is present with his advocate
    Complaint present today Exh.1 Complaint Exh.2 List of Witnesses of the complainant. Seen and filed. Exh.3 List of documents produced by the complainant. Seen and filed. Exh. 4  Affidavit in support of the complaint. Seen and Filed                                                                                                                                                                                                                                              Exh. 5 Vakalatnama. Filed. Exha. 6 Memorandum of Address
    Filed. Adj for Verification Statement
    Next Purpose: FOR VERIFICATION
    Next Hearing Date: 17-04-2023
    
    Date: 17-04-2023
    Business: When matter is called out Complainant and his advocate is present Exh. - Complainant is given verification statement Read and recorded O/Exh.1- Issue process against the accused.
    u/s. 138 of the Negotiable Instrument Act. Adj for summons report.
    Next Purpose: Awaiting services of notice / summons
    Next Hearing Date: 11-09-2023
    
    Date: 11-09-2023
    Business: When matter is called out complainant is present his advocate are present.
    Accused and his advocate are absent.
    Application for Bailable Warrant as prayed.
    O/Exh - 09 Issue B/w of Rs.5000 against accused.
    Adj for warrant report.
    Next Purpose: Awaiting execution of Service Summons/BW
    Next Hearing Date: 19-12-2023
    
    Date: 19-12-2023
    Business: When matter is called out complainant is present his advocate is present accused present with advocate. Application for vakalatnama. O/Exh- 10 Filed. Warrant stands canceled of penalty of Rs. 200/- Application for Bail . O/Exh - 12  Accused is released on Bail on Executing his PB and SB for Rs.5000 Cash Bail is allowed on address proof.  O/Exh - 13 PR Bond and Cash Bond. O/Exh-14 Plea of accused is recorded. adj for filing of affidavit of evidence.
    Next Purpose: FOR HEARING
    Next Hearing Date: 20-03-2024
    
    Date: 20-03-2024
    Business: L.d. M.M. is on leave. Hence, Board is discharged. Charge with M.M. 71st court.
    Next Purpose: FOR HEARING
    Next Hearing Date: 23-04-2024
    
    Date: 23-04-2024
    Business: when called out. complainant present and his advocate present. accused absent and his advocate present. police filed report. O/Exh- 15  seen and filed
    Adj for filling affidavit of evidence.
    Next Purpose: FOR HEARING
    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 HEARING
    Next Hearing Date: 07-08-2024
    
    Date: 07-08-2024
    Business: Ld. JMFC has gone for training at NFSU, Delhi charge with Ld. JMFC 71st court. Hence board is discharge. adj for
    Next Purpose: FOR HEARING
    Next Hearing Date: 08-10-2024
    
    Date: 08-10-2024
    Business: when called out complainant present and his advocate present. accused present and his advocate present.
    Adj for filling affidavit of evidence.
    Next Purpose: FOR HEARING
    Next Hearing Date: 08-01-2025
    
    Date: 08-01-2025
    Business: Ld. J.M.F.C is on leave. Hence Board is discharged. Charge with JMFC 71st Court.
    Next Purpose: FOR HEARING
    Next Hearing Date: 29-03-2025
    
    Date: 29-03-2025
    Business: Ld. JMFC is on leave charge with Ld. JMFC 71 court.
    Hence board is discharge.
    adj for.
    Next Purpose: FOR HEARING
    Next Hearing Date: 12-06-2025
    
    Date: 12-06-2025
    Business: when matter is called out. complainant present. advocate for complainant present. accused present Advocate for the accused present. Police filed report O/Exh-15 Seen and filed. O/Exh -  16 Case is referred mediation.  Application for pursis for payment received. Exh -  17 Seen.
    Adj for cross examination of complainant.
    Next Purpose: FOR HEARING
    Next Hearing Date: 30-08-2025
    
    Date: 30-08-2025
    Business: Order below Exh.  01
     Both parties and their advocates present. Both parties have settled their dispute in mediation process before trained Mediator Judge. Perused report of Mediator Judge. Heard both parties. Both agreed settlement. Complainant received the payment under settlement and not willing to proceed with the matter. Accordingly, advocate for complainant filed application for withdrawal of the complaint at Exh. 18 withdrawal is voluntary. Hence, I pass following order.
        1. The complaint stands dismissed as withdrawn.
        2. The accused is  acquitted of the offense punishable u/s. 138 of the NI act.
        3. In view of section 43  of Maharashtra court fees act, court fees be refunded as per rules and  stage of proceeding.
        4. Order dictated and pronounced in open court.
    Nature Of Disposal: Case Withdrawn Accused Acquitted
    Disposal Date: 30-08-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 590/2023
    Filing Date: 28-03-2023
    eFiling Number: AMH20230024576C202300001
    eFiling Date: 21-03-2023
    First Hearing Date: 28th March 2023
    Decision Date: 30th August 2025
    Court Number And Judge: 58-JUDICIAL MAGISTRATE FIRST CLASS 58TH COURT

    Orders

    1
    Final Order 1
    30 Aug 2025
    Order Details: Order Below EX 1
    Pdf Text: MHMM180020042023 Summury Cases SC/5800200/2023
    Kishore Vasant Khavare Vs. Pandurang Subhana
    Jakate
    IN THE COURT OF JUDICIAL MAGISTRATE(FIRST CLASS),
    58TH COURT, BANDRA, MUMBAI
    ORDER BELOW EXH.01
    Both parties and their advocates present. Both parties have
    settled their dispute in mediation process before trained Mediator
    Judge. Perused report of Mediator Judge. Heard both parties. Both
    agreed settlment. Complainant received the payment under settlment
    and not willing to proceed with the matter. Accordingly, advocate for
    complainant filed application for withdrawal of the complaint at
    Exh.18. Withdrawal is voluntary. Hence, I pass following order.
    ORDER
    1. Complaint stands dismissed as withdrawn.
    2. The accused is acquitted of the offence punishable u/sec.138
    of The Negotiable Instrument Act.
    3. In view of Section 43 of Maharashtra Court Fees Act, Court
    Fees be refunded as per Rules and stage of proceeding.
    4. Order dictated and pronounced in open court.
    Mumbai, (M. P. Saraf)
    Dated : 30.08.2025. Judicial Magistrate(First Class),
    58th Court, Bandra, Mumbai.
    J.O.Code-MH01362
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