Order Details: Copy of Judgment Pdf Text: Summons Cases SS/378/2018 Judgment Exh.41 MHMM180025882018 Filed on : 06.03.2018. Decided on : 24.05.2024. Duration : 06-Y 02-M 18-D. IN THE COURT OF METROPOLITAN MAGISTRATE, 58TH COURT, BANDRA, MUMBAI. (Presided over by M. P. Saraf) C.C. No.378/SS/2018 (CNR NO.MHMM180025882018) Exh.41 Balbir Rolling Mills Pvt. Ltd., (Unit -II) A private Limited Company, Represented through Authorized signatory Mr. Saurabh Jain having its address at 423, Nav Vyapar Bhavan, P De’mello Road, Carnac Bander, Masjid(E), Mumbai…
Summons Cases SS - Summons Case SS
BALBIR ROLLING MILLS P LTDVsDHANPAT PAID
CNR MHMM18002588201858-JUDICIAL MAGISTRATE FIRST CLASS 58TH COURT
Additional Metropolitan Magistrate, Bandra, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--Accused Convicted
Decision Date: 24th May 2024
TrustJury record updated 24 Sept 2026
Case Overview
- Registration Number
- 378/2018
- Registration Date
- 06 Mar 2018
Advocates
0No advocate information is available in this record.
Parties
2Petitioner
Respondent
Acts & Sections
1NEGOTIABLE INSTRUMENTS ACT · Sec 138
Case History / Proceedings
Case History
Date: 26-04-2018 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 Adj for Process Order Next Purpose: NOT HEARD AT 2.45 P.M. Next Hearing Date: 05-06-2018 Date: 05-06-2018 Business: When matter is called out Complainant and his advocate is present Argument Heard Adj for Process Order Next Purpose: NOT HEARD CASES Next Hearing Date: 23-07-2018 Date: 23-07-2018 Business: When matter is called out Complainant is present with his advocate Heard argument of process order O/exh.1- issue process against the accused u/s. 138 the N. I. Act. Summons R/o. 14.08.2018 Next Purpose: NOT HEARD CASES Next Hearing Date: 14-08-2018 Date: 14-08-2018 Business: When matter is called out Complainant and his advocate is absent Accused and his advocate is present Exh.7- Advocate for accused is given vakalatnama Exh.8- Advocate for accused is given bail application The accused is released on bail of Rs.15,000/- with one surety or cash bail of like amount Exh.9 and Exh.10- Accused release on P. R. Bond and Cash bond of Rs.15,000/- Exh.11- The accused is recorded plea Adj for Say on Document Next Purpose: PART HEARD Next Hearing Date: 25-09-2018 Date: 25-09-2018 Business: When called out complainant absent. Ld. Counsel for complainant present. Accused present. Ld. Counsel for accused present. Accused filed say on Admission and denial of documents. Original documents are exhibited keeping objection open for final arguments. Accordingly order passed on Exh. 6. Original documents are exhibited viz. Exh. no. 12 to 23. Case is adjourned for cross of P.W.No.1. Next Purpose: PART HEARD Next Hearing Date: 24-10-2018 Date: 24-10-2018 Business: when called out both parties are absent. Ld. Counsel for both parties are present. Accused exempted for a day. Today matter is fixed for cross of P.W.No.1. Ld. Counsel for complainant filed application for adjournment. Adjournment granted as last chance. Adjourned to Next Purpose: PART HEARD Next Hearing Date: 07-12-2018 Date: 07-12-2018 Business: When called out complainant present. Ld. Counsel for complainant present. Accused present. Ld. Counsel for accused present. Today matter is fixed for cross of P.W.No. 1. Accused filed application for adjournment. Adjournment granted subject to cost. Adjourned to Next Purpose: PART HEARD Next Hearing Date: 15-01-2019 Date: 15-01-2019 Business: When called out complainant present with advocate Accused present with advocate Below exh 5 Cross exam of the complainant P.W.No. 1 Mr. Saurabh Jain on behalf of accused by advocate Mr. R.C. Pandey Further cross exam is differed due to recess For further cross Next Purpose: PART HEARD Next Hearing Date: 28-02-2019 Date: 28-02-2019 Business: When called out complainant present with advocate. Accused absent advocate present. For further cross. Next Purpose: PART HEARD Next Hearing Date: 03-04-2019 Date: 03-04-2019 Business: When called out complainant present with advocate. Accused absent advocate present. For further cross. Next Purpose: PART HEARD Next Hearing Date: 04-06-2019 Date: 04-06-2019 Business: Today case not trace. When called out complainant present with advocate. Accused absent advocate present. For further cross. Next Purpose: PART HEARD Next Hearing Date: 15-07-2019 Date: 15-07-2019 Business: When called out complainant absent his Adv. present. Accused present his advocate present. Application for Adjournment filed by Adv for Complainant. Granted for last chance For further cross. Next Purpose: PART HEARD Next Hearing Date: 14-08-2019 Date: 14-08-2019 Business: When called out complainant present with advocate. Accused absent advocate present. Further cross exam of P.W.No.1. Mr.Saurabh Jain on behalf of the accused by advocate Mr. R.C.Pandey. Cross exam is over. No re exam. Exh.24. Adv for complainant filed pursis do not wish to exam any further witness. For 313. Next Purpose: Statement in 1st Session Next Hearing Date: 09-10-2019 Date: 09-10-2019 Business: When called out complainant absent advocate present. Accused absent advocate present. For dispensed of 313 Next Purpose: Statement in 1st Session Next Hearing Date: 14-11-2019 Date: 14-11-2019 Business: Board is discharged As Transfer order of Ld. M.M. Adj for Next Purpose: Statement in 1st Session Next Hearing Date: 19-12-2019 Date: 19-12-2019 Business: Ld. M. M. has gone for training, Charge with ACMM, 9th Court, Hence, Board is discharged. Next Purpose: Statement in 1st Session Next Hearing Date: 15-01-2020 Date: 15-01-2020 Business: When called out complainant absent advocate present. Accused and advocate present. For 313. Next Purpose: Statement in 1st Session Next Hearing Date: 21-01-2020 Date: 21-01-2020 Business: When called out complainant absent advocate present. Accused and advocate present. for 313. Next Purpose: Statement in 1st Session Next Hearing Date: 31-01-2020 Date: 31-01-2020 Business: Board is discharged. As Ld M.M.is on leave. Charged is with M.M. 32nd court. Adj for. Next Purpose: Statement in 1st Session Next Hearing Date: 27-02-2020 Date: 27-02-2020 Business: When called out complainant absent advocate present. Accused absent advocate present For 313. Next Purpose: Statement in 1st Session Next Hearing Date: 20-04-2020 Date: 20-04-2020 Reason For Adjournment: National Lock Down extended up to 3rd May 2020 Next Purpose: Statement in 1st Session Next Hearing Date: 14-05-2020 Date: 14-05-2020 Reason For Adjournment: National Lock Down extended up to 17th May 2020 Next Purpose: Statement in 1st Session Next Hearing Date: 19-06-2020 Date: 19-06-2020 Business: As per directions of Hon''ble High Court, due to precautions against corona virus and as there is no urgency in the matter, Hence case is adjourned. Next Purpose: Statement in 1st Session Next Hearing Date: 27-07-2020 Date: 27-07-2020 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: Statement in 1st Session Next Hearing Date: 11-09-2020 Date: 11-09-2020 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: Statement in 1st Session Next Hearing Date: 27-10-2020 Date: 27-10-2020 Business: As Ld M.M.is on leave. Charge is with Ld. M.M. 71st court. Hence Board is discharged. Adj for. Next Purpose: Statement in 1st Session Next Hearing Date: 18-12-2020 Date: 18-12-2020 Business: Board is discharged. As Ld M.M.is on leave. Charge is with Ld. M.M.12th court. Adj for. Next Purpose: Statement in 1st Session Next Hearing Date: 09-02-2021 Date: 09-02-2021 Business: N.T When called out, complainant absent, his advocate present. Accused present, his advocate present. For 313. Next Purpose: Statement in 1st Session Next Hearing Date: 16-02-2021 Date: 16-02-2021 Business: When called out, complainant absent, his advocate present. Accused and advocate present. For.313. Next Purpose: Statement in 1st Session Next Hearing Date: 02-03-2021 Date: 02-03-2021 Business: When called out complainant absent his advocate present. Accued absent, his advocate present. For 313. Next Purpose: Statement in 1st Session Next Hearing Date: 23-03-2021 Date: 23-03-2021 Business: When called out, complainant absent, his advocate present. Accused present, his advocate present. Exh.25. Statement of accused u/s. 313 of crpc recorded today. For defence evidence. Next Purpose: PART HEARD Next Hearing Date: 12-04-2021 Date: 12-04-2021 Business: As per order of Honble High court 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: 12-06-2021 Date: 12-06-2021 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: 27-08-2021 Date: 27-08-2021 Business: When called out complainant absent advocate present. Accused absent and his advocate present. Advocate for accused is given exemption application. Exemption is granted. Exh. 10 Advocate for complainant is given application for closing evidence of accused. Adj for say of accused. Next Purpose: PART HEARD Next Hearing Date: 30-09-2021 Date: 30-09-2021 Business: When matter is called out. Complainant is absent advocate for the Complainant is present. Accused is present advocate for the Accused is present. O/Exh.10- The accused has taken steps about leading his defence evidence. Hence, application is rejected. Exh. 26- Advocate for the accused is given list of witness. Exh. 27- Advocate for the accused is given witness summons application. Issue summons to witness as prayed. Adj for defance witness. Next Purpose: PART HEARD Next Hearing Date: 12-11-2021 Date: 12-11-2021 Business: When matter is called out. Complainant is absent. Advocate for the Complainant is present. Accused is present. Advocate for the Accused is present. Adj for Defence witness of the accused. Next Purpose: PART HEARD Next Hearing Date: 08-12-2021 Date: 08-12-2021 Business: When matter is called out. Complainant is absent. Advocate for the Complainant is present. Accused is absent. Advocate for the Accused is present. Exh. 28- application for exemption. granted. Adj for Defence witness of the accused. Next Purpose: PART HEARD Next Hearing Date: 01-02-2022 Date: 01-02-2022 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: PART HEARD Next Hearing Date: 02-03-2022 Date: 02-03-2022 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: 21-04-2022 Date: 21-04-2022 Business: When matter is called out. Complainant is absent. Advocate for the Complainant is present. Accused is absent. Advocate for the Accused is present. Exh. 29 - application for exemption. of accused. O/- The application is allowed subjected to cost of Rs. 1000/- payable to the complainant. Adj for Defence witness of the accused. Next Purpose: PART HEARD Next Hearing Date: 18-07-2022 Date: 18-07-2022 Business: When matter is called out. Complainant is absent. Advocate for the Complainant is present. Accused is present. Advocate for the Accused is present. Exh.30 Application for seeking permission to comply order. Order passed below Exh.30 cashier to accept the amount. Adj for Defence witness of the accused. Next Purpose: PART HEARD Next Hearing Date: 05-09-2022 Date: 05-09-2022 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 Defence witness of the accused. Next Purpose: PART HEARD Next Hearing Date: 13-10-2022 Date: 13-10-2022 Business: When matter is called out. Complainant is absent. Advocate for the Complainant is present. Accused is present. Advocate for the Accused is present. Examination in chief of D.W. 01 by advocate Mr. Ramchandra Pandey for accused. on oral request of the advocate o the complainant cross examination is deferred till next date. Adj for Defence witness of the accused. Next Purpose: PART HEARD Next Hearing Date: 05-12-2022 Date: 05-12-2022 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 Defence witness of the accused. Next Purpose: PART HEARD Next Hearing Date: 06-02-2023 Date: 06-02-2023 Business: when matter is called out. complainant absent. advocate for complainant present. Accused absent. advocate for accused present. Adv for accused filed exemption application. Granted. Adv for complainant filed NBW application. O/- Exemption and adjournment granted to accused. Hence application is rejected. Adj for Cross examination of the complainant. Next Purpose: PART HEARD Next Hearing Date: 09-03-2023 Date: 09-03-2023 Business: when matter is called out. complainant absent. advocate for complainant present. Accused present. advocate for accused present. Cross examination of DW 01 Mr. Dhanpat paid by advocate Mr Ramjit Sharma for the complainant. Cross examination is adjourned for production of document. Adj for Cross examination of the complainant. Next Purpose: PART HEARD Next Hearing Date: 27-03-2023 Date: 27-03-2023 Business: when matter is called out. complainant absent. advocate for complainant present. Accused present. advocate for accused present. Adj for Cross examination of the complainant. Next Purpose: PART HEARD Next Hearing Date: 20-07-2023 Date: 20-07-2023 Business: when matter is called out. complainant absent. advocate for complainant absent. Accused absent. advocate for accused present. Exh. 36 application for adjournment. granted. Adj for Cross examination of the complainant. Next Purpose: PART HEARD Next Hearing Date: 30-10-2023 Date: 30-10-2023 Business: when matter is called out. complainant absent. advocate for complainant present. Accused present. advocate for accused present. Further cross examination of DW 01 Mr. Dhanpat Paid by advocate Mr. Ramjit Sharma for the complainant. Cross examination is over. No Re examination. Order below Exh. 27. Issue witness summons as prayed. Adj for further any other wtiness. Next Purpose: PART HEARD Next Hearing Date: 02-01-2024 Date: 02-01-2024 Business: when matter is called out. complainant absent. advocate for complainant present. Accused absent. advocate for accused present. Order below Exh. 01 Hence evidence of stands closed. Adj for final argument. Next Purpose: FOR ARGUMENTS Next Hearing Date: 04-03-2024 Date: 04-03-2024 Business: when matter is called out. complainant absent. advocate for complainant present. Accused absent. advocate for accused absent. Exh.37 Written argument on behalf of the complainant file by advocate. O/- Seen and filed. Exh.38 Application for NBW. O/- Issue NBW against accused. Adj for warrant report. Matter kept for judgment. Next Purpose: FOR JUDGMENT Next Hearing Date: 26-03-2024 Date: 26-03-2024 Business: Today case is TOB. Accused present advocate for accused present. Exh.39 Allowed. Exh. 40 cancellation of warrant. O/- warrant stands cancelled on penalty of Rs. 2000/- and warning. Adj Matter kept for judgment. Next Purpose: FOR JUDGMENT Next Hearing Date: 15-04-2024 Date: 15-04-2024 Business: when called out complainant absent and his advocate present. accused absent and his advocate present. written argument filed. Adj Matter kept for judgment. Next Purpose: FOR JUDGMENT Next Hearing Date: 24-05-2024 Date: 24-05-2024 Business: Complainant absent. Advocate for complainant is present. Accused is present with advocate. Exh. 41 - 1. Accused Dhanpat Hansraj Baid@Paid is hereby convicted vide section 255 (2) of Criminal Procedure Code, for the offence punishable under section 138 of the Negotiable Instrument Act, 1881 and he is sentenced to undergo simple imprisonment for 2 years and to pay of Rs. 10,000/- in default of payment of fine shall suffer further simple imprisonment for further period of 15 days. 2. In addition to substantive sentence, the accused shall pay compensation of Rs.10,00,000/- (Rupees Ten Lakh only) to complainant U/sec 357 (1)(b) of Code of Criminal Procedure. 3. Fine if recovered be credited to Government. 4. Bail bond of accused stands forfeited and cancelled. 5. 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: 24-05-2024
Additional Case Details
Additional Case Details
Filing Number: 2419/2018 Filing Date: 06-03-2018 First Hearing Date: 26th April 2018 Decision Date: 24th May 2024 Court Number And Judge: 58-JUDICIAL MAGISTRATE FIRST CLASS 58TH COURT
Orders
5Final Order 3Full order available
24 May 2024
Interim Order 202 Jan 2024
02 Jan 2024
Order Details: Order Below EX 1 Pdf Text: -- 1 of 1 --
Interim Order 130 Oct 2023
30 Oct 2023
Order Details: Copy of Document. Pdf Text: -- 1 of 1 --
Order 202 Jan 2024
02 Jan 2024
Order Details: Order Below EX 1 Pdf Text: -- 1 of 1 --
Order 130 Oct 2023
30 Oct 2023
Order Details: Copy of Document. Pdf Text: -- 1 of 1 --
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