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Summons Cases SS - Summons Case SS

RAJESH KHUSHALDAS KANJANIVsPRAMOD RAMRAKHAYANI +2 more

CNR MHMM18002472201858-JUDICIAL MAGISTRATE FIRST CLASS 58TH COURT
CASE DISPOSED
Contested--Withdraw after Filing Affidavit
Decision Date: 24th December 2024

TrustJury record updated 24 Sept 2026

Case Overview

Registration Number
42/2018
Registration Date
09 Jan 2018

Advocates

0

No advocate information is available in this record.

Parties

4

Acts & Sections

1
NEGOTIABLE INSTRUMENTS ACT · Sec 138

Case History / Proceedings

Case History
Date: 09-03-2018
Business: Honble M.M. on leave Charge towards A.C.M.M. 9th Court, Board Discharged
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 11-04-2018

Date: 11-04-2018
Business: When case called out Complainant present with Advocate. Accused absent. Exh. 4 - Verification statement of complainant. Exh. 5 - Affidavit in lieu of Examination in Chief of Complainant. Exh. 6 - List of Documents. For further steps. Adjourned to
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 26-04-2018

Date: 26-04-2018
Business: When matter is called out
Complainant is present with his advocate
issue process against the accused u/s. 138 R/w.141 the N.I. Act. Summons R/o.02.07.2018
Next Purpose: NOT HEARD CASES
Next Hearing Date: 02-07-2018

Date: 02-07-2018
Business: When called out both parties are absent.  Ld. Counsel for both parties are present.
Today case is fixed for appearance of accused.
Ld. Counsel for accused filed
Exh. 5 - Undertaking to file vakalatnama on next date
Exh. 6 - Exemption application of accused.  Accused exempted for a day.
Exh. 7 - Application for Adjournment.
Adjournment granted as last chance.
Directions were issued to keep accused present on next date.
Case is adjourned to
Next Purpose: NOT HEARD CASES
Next Hearing Date: 06-08-2018

Date: 06-08-2018
Business: When matter is called out
Complainant is absent advocate for complainant is present
Accused is absent advocate for accused is absent
Exh.8- Advocate for accused is given exemption application
Application is rejected
Exh.9- Advocate for complainant is given warrant application
Issue warrant against accused
Adj for Warrant report
Next Purpose: NOT HEARD CASES
Next Hearing Date: 14-08-2018

Date: 14-08-2018
Business: Today Case is taken on board
Accused is present with his advocate
Exh.10- Advocate for accused is given application for matter to be taken on board
Exh.11- Advocate for accused is given vakalatnama
Exh.12- Advocate for accused is given application for cancellation of bailable warrant
O/application file by the accused dated 14.08.2018 - Bailable warrant is canceled by considering conduct of the accused subject to penalty of Rs. 5,000/- each.
Exh.13- Advocate for accused is given application for bail
The accused be released on bail of Rs.15,000/- each with one surety or cash bail of like amount
Exh. 14 to Exh. 17- Accused be release on P. R. Bond and Cash Bond of Rs.15,000/-
Exh.18- The Accused are recorded plea
Adj for Say on document
Next Purpose: PART HEARD
Next Hearing Date: 28-08-2018

Date: 28-08-2018
Business: When called out complainant absent.  LD.Counsel for complainant present.  Accused are present.  Ld. Counsel for accused present.  Directions were issued to complainant to provide copies of affidavit of evidence and documents to accused.  Case is adjourned for say of accused on admission and denial of documents.
Next Purpose: PART HEARD
Next Hearing Date: 26-09-2018

Date: 26-09-2018
Business: When called out both parties are present.  Ld. Counsel for both parties are present.
Accused failed to file say on admission and denial of documents.
Original documents are exhibited keeping objection open for final arguments.
Original documents are exhibited viz. Exh. no. 19 to 28
Case is adjourned for cross of P.W.No. 1.
Next Purpose: PART HEARD
Next Hearing Date: 25-10-2018

Date: 25-10-2018
Business: Presiding officer is on official duty to attend conference at Jodhpur. Charge with Ld. ACMM, 9th Court. Board Discharged. Adjourned to
Next Purpose: PART HEARD
Next Hearing Date: 27-12-2018

Date: 27-12-2018
Business: When called out complainant present.  Ld. Counsel for complainant present.  Accused no. 1 present.  Rest accused absent.
Accused no. 2 exempted for a day.
Exh. 29 - Application of accused under sec. 143 of N.I.Act r.w. sec. 258 of Cr.P.C.
For say of complainant.
Adjourned to
Next Purpose: PART HEARD
Next Hearing Date: 07-02-2019

Date: 07-02-2019
Business: When matter is called out
Complainant is present advocate for complainant is present
Accused is absent no.2 is absent accused no.1 and his advocate is present
Exh. 30- Advocate for accused no.2 is given exemption application
accused no.2 is exempted today
Exh. 31- Advocate for accused is given application for reply of the complainant on application filed by accused u/. 143 of N. I. Act. and u/s. 258 of Cr. P. C.
filed
Adj for Argument on Exh.29
Next Purpose: PART HEARD
Next Hearing Date: 26-03-2019

Date: 26-03-2019
Business: When called out complainant present with advocate.
Accused absent advocate present.
Both advocate argument on exh. 29. today.
For order on exh.26.
Next Purpose: PART HEARD
Next Hearing Date: 14-05-2019

Date: 14-05-2019
Business: When called out complainant  absent advocate present.
Accused no. 1 present.
Accused no. 2 absent advocate present.
Accused no. 2 exempted.
Today order passed on exh.17.
The application is disposed off.
Matter  referred for mediation.
Next Purpose: PART HEARD
Next Hearing Date: 26-06-2019

Date: 26-06-2019
Business: When called out complainant absent advocate present. Accused absent his Advocate present.
Exemption application filed by Adv for Accused.
Application Granted for today.
Adjournment application filed by Adv. for Complainant.
Granted last chance.
Matter referred for mediation.
Adj. for mediation report awaited.
Next Purpose: PART HEARD
Next Hearing Date: 14-08-2019

Date: 14-08-2019
Business: When called out complainant absent advocate present. Accused absent his Advocate present.
Application for Adjournment filed by Adv. for Complainant.
Granted last chance.
Adj. for mediation report awaited.
Next Purpose: PART HEARD
Next Hearing Date: 04-10-2019

Date: 04-10-2019
Business: When called out complainant absent advocate present.
Accused no. 2 present.with advocate.
Accused exempted.
Accused no. 3 absent.
For cross and mediation report.
Next Purpose: PART HEARD
Next Hearing Date: 18-11-2019

Date: 18-11-2019
Business: Board is discharged
Due to transfer of P.O.
The court is vacant.
Charge of A.C.M.M.9th court.
Adj for.
Next Purpose: PART HEARD
Next Hearing Date: 03-01-2020

Date: 03-01-2020
Business: When called out complainant and advocate present.
Accused absent advocate present.
Application for adjournment and exemption of accused is rejected.
Application for NBW against accused.
Issue NBW against accused no.1 and 2.
For NBW report and cross.
Next Purpose: Awaiting execution of service NBW
Next Hearing Date: 27-03-2020

Date: 27-03-2020
Business: In view of District court Advisory Directions issued by Honourable High court. (Corona Virus) Hence Board is discharged. Adj for.
Next Purpose: Awaiting execution of service NBW
Next Hearing Date: 01-07-2020

Date: 01-07-2020
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 execution of service NBW
Next Hearing Date: 08-10-2020

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: Awaiting execution of service NBW
Next Hearing Date: 25-01-2021

Date: 25-01-2021
Business: Board is discharged.
As Ld M.M.is on leave.
Charge is with Ld. M.M.12th court.
Adj for.
Next Purpose: PART HEARD
Next Hearing Date: 15-04-2021

Date: 15-04-2021
Business: As per order of Honble C.M.M dt. 12.4.21 is declared as a holiday to take the precautionary measures and to break the chain of spread of Corona Virus infection.
Adj for.
Next Purpose: PART HEARD
Next Hearing Date: 03-07-2021

Date: 03-07-2021
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: PART HEARD
Next Hearing Date: 20-09-2021

Date: 20-09-2021
Business: When matter is called out.
Complainant is absent advocate for the Complainant is present.
Accused no.2 is present advocate for the Accused is present.
Adj for Say on Exh.31 application u/s. 143-A.
Next Purpose: PART HEARD
Next Hearing Date: 28-12-2021

Date: 28-12-2021
Business: When matter is called out. Complainant is present. advocate for the Complainant is present. Accused  absent. advocate for the Accused is present. Adj for warrant report, Say on Exh.31 application u/s. 143-A.
Next Purpose: PART HEARD
Next Hearing Date: 24-03-2022

Date: 24-03-2022
Business: When matter is called out. Complainant is absent. advocate for the Complainant is present. Accused absent. advocate for the Accused is present. today matter is referred mediation. Adj for Mediation report and Say on Exh.31 application u/s. 143-A.
Next Purpose: PART HEARD
Next Hearing Date: 27-04-2022

Date: 27-04-2022
Business: Ld M.M. is on leave. Charge with Ld ACMM 9th court. Hence Board is discharge. Adj for
Next Purpose: PART HEARD
Next Hearing Date: 06-06-2022

Date: 06-06-2022
Business: When matter is called out. Complainant is absent. advocate for the Complainant is absent. Accused absent. advocate for the Accused is absent.
Adj for Mediation report and Say on Exh.31 application u/s. 143-A.
Next Purpose: PART HEARD
Next Hearing Date: 20-08-2022

Date: 20-08-2022
Business: Ld. M.M. is on leave Charge with Ld. M.M. 71th court. Hence Board is discharged. adj for.
Next Purpose: PART HEARD
Next Hearing Date: 30-09-2022

Date: 30-09-2022
Business: When matter is called out. Complainant is present. advocate for the Complainant is present. Accused present. advocate for the Accused is present. Exh. 29- application for no cross order.
O/- Accused to say. Adj for Say on Exh.29
Next Purpose: PART HEARD
Next Hearing Date: 19-12-2022

Date: 19-12-2022
Business: When matter is called out. Complainant is present. advocate for the Complainant is present. Accused present. advocate for the Accused is present.
Adj for Say on Exh.29
Next Purpose: PART HEARD
Next Hearing Date: 13-02-2023

Date: 13-02-2023
Business: When matter is called out. Complainant is present. advocate for the Complainant is present. Accused present. advocate for the Accused is present.  Exh. 30- Reply on behalf of accused on No cross application. filed.
Adj for Cross examination of the complainant.
Next Purpose: PART HEARD
Next Hearing Date: 02-06-2023

Date: 02-06-2023
Business: Ld. M.M. is transferred. charged with Ld. M.M. 12th court. Hence, Board is discharged.
Adj for .
Next Purpose: PART HEARD
Next Hearing Date: 21-08-2023

Date: 21-08-2023
Business: When called out complainant absent, his advocate present. Accused absent, his advocate present. Exh. 31  Advocate for accused is given application for adjournment. Granted.
Adj for cross examination of the complainant.
Next Purpose: PART HEARD
Next Hearing Date: 26-10-2023

Date: 26-10-2023
Business: When called out complainant present, his advocate present. Accused present, his advocate present. Exh. 32 Advocate for accused is given application for exemption. Granted.
Adj for cross examination of the complainant.
Next Purpose: PART HEARD
Next Hearing Date: 22-01-2024

Date: 22-01-2024
Business: When called out complainant absent, his advocate present. Accused absent, his advocate present.
Adj for cross examination of the complainant.
Next Purpose: PART HEARD
Next Hearing Date: 18-03-2024

Date: 18-03-2024
Business: L.d M.M is on leave. Hence Board is discharged. Charge with M.M. 71st court.
Next Purpose: PART HEARD
Next Hearing Date: 01-06-2024

Date: 01-06-2024
Business: Ld. M.M. is on vacation leave. Hence Board is discharged. Charge with MM 71st Court.
Next Purpose: PART HEARD
Next Hearing Date: 24-07-2024

Date: 24-07-2024
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: 09-09-2024

Date: 09-09-2024
Business: Ld. JMFC. is on leave charge with Ld. JMFC 9th court. Hence board is discharge.
adj for.
Next Purpose: PART HEARD
Next Hearing Date: 25-10-2024

Date: 25-10-2024
Business: When matter is called out complainant is absent. Advocate for complainant is present. Accused is absent. Advocate for accused is present.
Adj for cross examination of the complainant.
Next Purpose: PART HEARD
Next Hearing Date: 16-12-2024

Date: 16-12-2024
Business: When matter is called out complainant is present. Advocate for complainant is present. Accused no.1 is present. Advocate for accused is present. Adj for cross examination of the complainant.
Next Purpose: PART HEARD
Next Hearing Date: 24-12-2024

Date: 24-12-2024
Business: Order below EXh. 01
1. Complaint stands dismissed as withdrawn.
2. The accused is acquitted of the offence punishable u/ s. 138 of the N.I. act.
3. Order dictated ans pronounced in open court.
Nature Of Disposal: Withdraw after Filing Affidavit
Disposal Date: 24-12-2024

Additional Case Details

Additional Case Details
Filing Number: 212/2018
Filing Date: 09-01-2018
First Hearing Date: 09th March 2018
Decision Date: 24th December 2024
Court Number And Judge: 58-JUDICIAL MAGISTRATE FIRST CLASS 58TH COURT

Orders

1
Final Order 1
24 Dec 2024
Order Details: Order Below EX 1
Pdf Text: MHMM180024722018
C. C. No.42/SS/2018
RAJESH KHUSHALDAS KANJANI Vs.
PRAMOD RAMRAKHAYANI
IN THE COURT OF THE METROPOLITAN MAGISTRATE, 58TH
COURT, BANDRA, MUMBAI
ORDER BELOW EXH. 01
The complainant and his advocate are present. The
complainant is not ready and willing to proceed with the case. Both
parties have settled the dispute amicably out of court. Accordingly,
complainant has filed application at Exh.34 for withdrawal of the
complaint at part heard stage. 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. Order dictated and pronounced in open court.
(M. P. Saraf)
Date : 24.12.2024 Judicial Magistrate(First Class),
58th Court, Bandra, Mumbai.
J.O.Code :MH01362
-- 1 of 2 --
CERTIFICATE
I affirm that the contents of this P.D.F. file evidence are same, word to word as per the
original evidence.
Name of Stenographer : Ms Shama Nitin Naiksatam
Court : Judicial Magistrate(First Class), 58th Court, Bandra,
Mumbai.
Dictated in open court on : 24.12.2024
Transcribed and Typed on : 24.12.2024
Order printed and Signed on : 24.12.2024
Order Uploaded on : 24.12.2024
-- 2 of 2 --

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