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Summons Cases SS - Summons Case SS

WAKIL AHMED KHALIL AHMEDVsAKBAR SHAIKH

CNR MHMM18002568201858-JUDICIAL MAGISTRATE FIRST CLASS 58TH COURT
CASE DISPOSED
Contested--Accused Convicted
Decision Date: 26th September 2024

TrustJury record updated 24 Sept 2026

Case Overview

Registration Number
72/2018
Registration Date
22 Jan 2018

Advocates

0

No advocate information is available in this record.

Parties

2

Acts & Sections

1
NEGOTIABLE INSTRUMENTS ACT · Sec 138

Case History / Proceedings

Case History
Date: 15-03-2018
Business: When matter is called out
Complainant is present with his advocate
Exh.4 to Exh.6 - Complainant is 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: 20-03-2018

Date: 20-03-2018
Business: When matter is called out
Complainant  is absent Advocate for complainant is present
issue process against the accused u/s.138 N.I.Act. Summons R/o. 27.04.2018
Next Purpose: NOT HEARD CASES
Next Hearing Date: 27-04-2018

Date: 27-04-2018
Business: When matter is called out
Complainant and his advocate is absent
Adj for Summons report
Next Purpose: NOT HEARD CASES
Next Hearing Date: 07-06-2018

Date: 07-06-2018
Business: When matter is called out
Complainant is present with his advocate
Advocate for complainant is given summons application
issue summons against accused
Adj for Summons report
Next Purpose: NOT HEARD CASES
Next Hearing Date: 21-08-2018

Date: 21-08-2018
Business: When matter is called out
Complainant is present with his advocate
Accused and his advocate is absent
Advocate for complainant is given show cause notice application
Issue show cause notice against concerned police station
Adj for Show cause notice report
Next Purpose: NOT HEARD CASES
Next Hearing Date: 12-10-2018

Date: 12-10-2018
Business: When matter is called out
Complainant is absent advocate for complainant is absent
If complainant is not taking steps on next date, otherwise matter is posted for dismissal order
Adj for Steps to taken by the complainant
Next Purpose: NOT HEARD CASES
Next Hearing Date: 18-12-2018

Date: 18-12-2018
Business: When matter is called out
Complainant is present and his advocate is present
Accused and his advocate is absent
Exh. 10- Advocate for complainant is given warrant application
Issue bailable warrant against the accused as pray
adj for warrant report
Next Purpose: NOT HEARD CASES
Next Hearing Date: 22-02-2019

Date: 22-02-2019
Business: When called out complainant present with advocate.
Accused and advocate absent.
Application for issue of standing warrant / proclamation against accused.
Issue Nbwt against accused.
For report.
Next Purpose: NOT HEARD CASES
Next Hearing Date: 28-05-2019

Date: 28-05-2019
Business: Board is discharged.
As do to flooring work in court hall.
Adj for.
Next Purpose: NOT HEARD CASES
Next Hearing Date: 06-07-2019

Date: 06-07-2019
Business: When matter is called out
Complainant is present advocate for complainant is present
Accused is absent Advocate for Accused is present
Exh. 21- Advocate for accused is given exemption application
P. E. Granted only today
Adj for Say on list of document
Next Purpose: PART HEARD
Next Hearing Date: 16-08-2019

Date: 16-08-2019
Business: When matter is called out
Complainant is present advocate for Complainant is absent
Accused is absent advocate for Accused is present
Exh. 22- Advocate for accused is given exemption application
P. E. Granted only today
Adj for say on list of document
Next Purpose: PART HEARD
Next Hearing Date: 10-10-2019

Date: 10-10-2019
Business: When called complainant and advocate present.
Accused present advocate absent.
Today matter is fixed for say of accused on Admission and denial of documents. Accused failed to file say hence original documents are exhibited keeping objection for final arguments. Original documents are exhibited viz. Exh. no. 23 to 28.
Case is adjourned for cross of P.W.No. 1.
Exh.29.Adv for complainant filed application for closing the cross of the complainant.
Posted for cross.
Next Purpose: PART HEARD
Next Hearing Date: 10-12-2019

Date: 10-12-2019
Business: When called out complainant and advocate present.
Accused absent advocate present.
Exemption application rejected.
Application for NBW against accused.
Issue NBW against accused.
For NBW report awaited and cross.
Next Purpose: PART HEARD
Next Hearing Date: 04-02-2020

Date: 04-02-2020
Business: N.T.
When called out complainant and advocate present.
Accused absent advocate present.
For warrant report and cross.
Next Purpose: PART HEARD
Next Hearing Date: 11-03-2020

Date: 11-03-2020
Business: When matter is called out
Complainant is present Advocate for Complainant is present
Accused and his advocate is present
Exh. 30- Advocate for complainant is given application for production of document
Exh. 31- Advocate for complainant is given application for list of document
filed
Cross examination of P. W. No. 1 Wakil Ahmed S/o Khalil Ahmed on behalf of the accused by advocate Mr. Satyendra R. sharma
Further cross examination is differed till next date
XXXXXX
Adj for further cross examination of the complainant
Next Purpose: PART HEARD
Next Hearing Date: 27-04-2020

Date: 27-04-2020
Reason For Adjournment: National Lock Down extended up to 3rd May 2020
Next Purpose: PART HEARD
Next Hearing Date: 06-07-2020

Date: 06-07-2020
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: PART HEARD
Next Hearing Date: 09-09-2020

Date: 09-09-2020
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: PART HEARD
Next Hearing Date: 03-12-2020

Date: 03-12-2020
Business: When called out, complainant and his advocate absent.
Accused and his advocate absent.
For further cross exam of complainant.
Next Purpose: PART HEARD
Next Hearing Date: 16-02-2021

Date: 16-02-2021
Business: When called out, complainant present, his advocate present.
Accused absent, his advocate present.
Exh.32. Complainant filed pursis for taking document onrecord.
Exh.33. List of document.
For further cross of complainant.
Next Purpose: PART HEARD
Next Hearing Date: 26-03-2021

Date: 26-03-2021
Business: When called out, complainant present, his advocate present.
Accused absent, his advocate present.
Exh. 34. Adv for complainant filed application for taking documents on record.
Allowed.
Exh. 35. List of document filed today.
For further cross of complainant.
Next Purpose: PART HEARD
Next Hearing Date: 25-05-2021

Date: 25-05-2021
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: PART HEARD
Next Hearing Date: 05-08-2021

Date: 05-08-2021
Business: When matter is called out
Complainant is Present Advocate for Complainant is Present
Accused is absent Advocate for the accused is absent
Exh. 32- Advocate for the complainant is given application for closing the cross of the complainant
Accused to say
Exh. 33- Advocate for the complainant is given warrant application
issue Non-bailable warrant against the accused
Adj for Non-bailable warrant report
Next Purpose: Awaiting execution of service NBW
Next Hearing Date: 10-08-2021

Date: 10-08-2021
Business: Case taken on board today.
Accused is present with his advocate.
Exh. 34- Accused is given T.O.B. Application.
Allowed.
Exh. 35- Accused is given warrant cancellation application.
Warrant is cancelled subjected to penalty of Rs. 1700/-.
Adj for further cross examination of the complainant.
Next Purpose: Awaiting execution of service NBW
Next Hearing Date: 26-10-2021

Date: 26-10-2021
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. 36- Advocate for the accused is given exemption application.
Granted only today.
Adj for further cross examination of the Complainant.
Next Purpose: PART HEARD
Next Hearing Date: 10-12-2021

Date: 10-12-2021
Business: When matter is called out. Complainant is absent. Advocate for the Complainant is present. Accused is absent. Advocate for the Accused is present.  Adj for further cross examination of the Complainant.
Next Purpose: PART HEARD
Next Hearing Date: 28-02-2022

Date: 28-02-2022
Business: Ld. M.M. is on Leave charge with Ld. A.C.M.M. 9th court.
Hence Board is discharged.
adj for.
Next Purpose: PART HEARD
Next Hearing Date: 31-03-2022

Date: 31-03-2022
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 Further cross examination of the complainant.
Next Purpose: PART HEARD
Next Hearing Date: 02-06-2022

Date: 02-06-2022
Business: When matter is called out. Complainant is present. Advocate for the Complainant is present. Accused is present. Advocate for the Accused is present. Below Exh. 5- further  cross examination of P.W. No. 01 Vakil Ahmed son of Khalil Ahmed on behalf of the accused by advocate Satyendra R. Sharma.  On oral requst of advocate for the accused cross examination is deferred till next date.
Adj for Further cross examination of the complainant.
Next Purpose: PART HEARD
Next Hearing Date: 02-08-2022

Date: 02-08-2022
Business: When matter is called out. Complainant is present. Advocate for the Complainant is present. Accused is absent. Advocate for the Accused is absent.
Order Below Exh. 5- The accused and his advocate are absent when called 01.05 pm. The witness is present. Hence Cross examination of witness is closed.
 Exh. 37- Pursis for closing evidence of the complainant. filed.
Adj for Statement of accused u/s 313 of CRPC.
Next Purpose: Statement in 1st Session
Next Hearing Date: 21-09-2022

Date: 21-09-2022
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. 38-  Application on behalf of the accused u/s 311 CRPC. O/- Complainant to say.
Adj for  Say on Ex. 38 and Statement of accused u/s 313 of CRPC.
Next Purpose: Statement in 1st Session
Next Hearing Date: 29-11-2022

Date: 29-11-2022
Business: When matter is called out. Complainant is present. Advocate for the Complainant is present. Accused is absent. Advocate for the Accused is present. Cost paid by the adv for accused. Exh. 38 Received by complainant. Adj for cross
Next Purpose: PART HEARD
Next Hearing Date: 04-01-2023

Date: 04-01-2023
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.39 advocate for accused VP filed.
Adj for cross examination of the complainant.
Next Purpose: PART HEARD
Next Hearing Date: 03-06-2023

Date: 03-06-2023
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: 07-07-2023

Date: 07-07-2023
Business: When matter is called out. Complainant is present. Advocate for the Complainant is present. Accused is absent. Advocate for the Accused is present. Further cross examination of PW 01 by advocate K.C. Tiwari for the accused after recalling the witness.
Cross examination is over.
No Re examination.
Exh. 40- Pursis. filed.
Adj for statement of accused u/s. 313 of CRPC.
Next Purpose: Statement in 1st Session
Next Hearing Date: 07-10-2023

Date: 07-10-2023
Business: When matter is called out. Complainant is present. Advocate for the Complainant is present. Accused is absent. Advocate for the Accused is absent.
Adj for statement of accused u/s. 313 of CRPC.
Next Purpose: Statement in 1st Session
Next Hearing Date: 02-11-2023

Date: 02-11-2023
Business: When matter is called out. Complainant is present. Advocate for the Complainant is present. Accused is absent. Advocate for the Accused is present.  Exh. 41 application for exemption. granted last chance. Adj for statement of accused u/s. 313 of CRPC.
Next Purpose: Statement in 1st Session
Next Hearing Date: 22-01-2024

Date: 22-01-2024
Business: When matter is called out. Complainant is present advocate for the Complainant is absent. Accused is absent advocate for the Accused is absent. Adj for statement of the accused u/s 313 of CRPC.
Next Purpose: Statement in 1st Session
Next Hearing Date: 01-02-2024

Date: 01-02-2024
Business: When matter is called out. Complainant is present advocate for the Complainant is present. Accused is absent advocate for the Accused is absent. Exh. 42 application for suspension of accused statement u/s 313 of CRPC. O/- Keep for orders on next date.
Adj for statement of the accused u/s 313 of CRPC.
Next Purpose: Statement in 1st Session
Next Hearing Date: 06-05-2024

Date: 06-05-2024
Business: When matter is called out. Complainant is present advocate for the Complainant is present. Accused is absent advocate for the Accused is absent.   Order below Exh. 42 The Statement of accused u/s 313 of CRPC stands dispensed with. defence evidence stands closed.
Adj for final 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 present. Accused is absent. Advocate for the Accused is absent. Exh.43 Written argument. seen.
Adj for final order.
Next Purpose: FOR JUDGMENT
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 JUDGMENT
Next Hearing Date: 22-07-2024

Date: 22-07-2024
Business: Ld. J.M.F.C is on leave. Hence Board is discharged. Charge with JMFC 71st Court.
Next Purpose: FOR JUDGMENT
Next Hearing Date: 31-08-2024

Date: 31-08-2024
Business: When matter is called out. Complainant is present advocate for the Complainant is absent. Accused absent. advocate for the accused is absent.
Adj for final Order.
Next Purpose: FOR JUDGMENT
Next Hearing Date: 26-09-2024

Date: 26-09-2024
Business: Exh. 42.
 1. Accused  Akbar shaikh Age 38 years is hereby convicted vide section 255(2) r/w section 353 (6) of the CRPC.  for the offence punishable u/s 138 of the N.I. Act, 1881  and he is sentenced to undergo simple imprisonment for 03 months and to pay fine of Rs. 1000000/- in default of payment of fine shall suffer further simple imprisonment for further 6 months.
2. If fine is paid by the accused the complainant shall be given compensation of Rs. 1000000/- out of the same of code of criminal procedure.
3. The bail bonds of accused stands cancelled.
4. Issue warrant for arrest u/s 418 (2) of code of criminal procedure against the accused for the purpose of forwarding the accused to the jail.
5. The copy of Judgment be supplied to the accused 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: 26-09-2024

Additional Case Details

Additional Case Details
Filing Number: 595/2018
Filing Date: 22-01-2018
First Hearing Date: 15th March 2018
Decision Date: 26th September 2024
Court Number And Judge: 58-JUDICIAL MAGISTRATE FIRST CLASS 58TH COURT

Orders

6
Final Order 4Full order available
26 Sept 2024

Order Details: Order Below EX 1 Pdf Text: MHMM180025682018 Summons Cases SS/72/2018 WAKIL AHMED KHALIL AHMED Vs. AKBAR SHAIKH IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS, 58TH COURT, BANDRA, MUMBAI ORDER BELOW APPLICATON EXH.44 1. This is an application for adjournment moved at a stage of delivering final Judgment by the advocate on behalf of the accused. 2. Heard advocate Mr. K.C. Tiwari for the accused who never turned up before the court after closing evidence of the complainant…

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Final Order 3Full order available
26 Sept 2024

Order Details: Copy of Judgment Pdf Text: Summons Cases SS/72/2018 Judgment Exh.45 MHMM180025682018 Filed on : 22.01.2018. Decided on : 26.09.2024. Duration : 06-Y 08-M 04-D. IN THE COURT OF JUDICIAL MAGISTRATE (FIRST CLASS), 58TH COURT, BANDRA, MUMBAI. (Presided over by M. P. Saraf) Summons Cases SS/72/2018 (CNR NO.MHMM180025682018) Exh.45 WAKIL AHMED s/o. KHALIL AHMED Age : 54 years, Occ.: Business, Owner of Alfa Chemical & Leather Co. R/o. Room No.12, Shaffi Building, Ground Floor, Dharavi Main Road, Mumbai-400 017.…

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Interim Order 2
06 May 2024
Order Details: Order Below EX 1
Pdf Text: -- 1 of 1 --
Interim Order 1Full order available
07 Jul 2023

Order Details: Copy of Document. Pdf Text: Exh.05 C.C.No.72/SS/2018 Resumed on Oath: Further cross examination of PW01 by advocate K.C.Tiwari for the accused after recalling the witness : 26. It is not true to say that I have not filed any documentary evidence to show the legal liability of the accused to pay the cheque amount. The father of the accused is my friend and as such I know him since year 2012. I was not knowing the accused prior…

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Order 2
06 May 2024
Order Details: Order Below EX 1
Pdf Text: -- 1 of 1 --
Order 1Full order available
07 Jul 2023

Order Details: Copy of Document. Pdf Text: Exh.05 C.C.No.72/SS/2018 Resumed on Oath: Further cross examination of PW01 by advocate K.C.Tiwari for the accused after recalling the witness : 26. It is not true to say that I have not filed any documentary evidence to show the legal liability of the accused to pay the cheque amount. The father of the accused is my friend and as such I know him since year 2012. I was not knowing the accused prior…

Read Full Order

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