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Summary Cases

MR. SUSHIL KUMAR SWAMINATH UMAR VIASHVsMR. ABDULAA CHOUDHARY PROPRIETOR OF NICE BUILDERS AND DEVELOPERS

CNR MHMM18003544202258-JUDICIAL MAGISTRATE FIRST CLASS 58TH COURT
PENDING

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number
5800263/2022
Registration Date
18 Apr 2022
Next Hearing Date
21 Oct 2026
Case Stage
PART HEARD

Advocates

4

Parties

2

Acts & Sections

1
NEGOTIABLE INSTRUMENTS ACT · Sec 138

Case History / Proceedings

Case History
Date: 19-05-2022
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 the accused u/s. 138 of the Negotiable Instrument Act Adj for summons report
Next Purpose: Awaiting services of notice / summons
Next Hearing Date: 28-09-2022

Date: 28-09-2022
Business: When matter is called out. Complainant absent his advocate  present.
 accused absent and his advocate absent. Exh.8-  application for re issuance of fresh summons.
O/- Allowed.
Adj. for summons report.
Next Purpose: Awaiting services of notice / summons
Next Hearing Date: 20-12-2022

Date: 20-12-2022
Business: When called out. complainant present his advocate present. accused absent and his advocate present. Exh. 9 application for exemption. granted. Exh. 10  VP filed.
Adj for summons report.
Next Purpose: Awaiting services of notice / summons
Next Hearing Date: 24-02-2023

Date: 24-02-2023
Business: When matter is called out complainant is absent. Advocate for complainant is present. Accused is absent. Advocate for accused is present. Advocate for accused is given exemption application. Granted. Adj for plea and bail
Next Purpose: CHARGE FRAMED  - Framing of Charge / Plea
Next Hearing Date: 17-03-2023

Date: 17-03-2023
Business: When matter is called out complainant is present. Advocate for complainant is present. Accused is absent. Advocate for accused is present.  Adj for plea and bail
Next Purpose: CHARGE FRAMED  - Framing of Charge / Plea
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: CHARGE FRAMED  - Framing of Charge / Plea
Next Hearing Date: 06-07-2023

Date: 06-07-2023
Business: When matter is called out complainant is present his advocate are present.
Accused and his advocate are absent.
Application for Non Bailable Warrant as prayed.
O/Exh- 12 Issue NBW against accused.
Adj for warrant report. and plea and bail of accused.
Next Purpose: CHARGE FRAMED  - Framing of Charge / Plea
Next Hearing Date: 17-10-2023

Date: 17-10-2023
Business: when called out complainant absent and his advocate present. accused present and his advocate present. Exh. 13 application for cancellation of warrant. O/- warrant stands cancelled on penalty of Rs. 300/-. Exh. 14 application for bail. O/- accuse is released on bail his executing of PB and SB of Rs. 5000/- cash bail allowed. Exh. 15 application for bail. allowed. Exh. 16 PR and cash bond. Exh. 17 Plea of the accused.
Adj filling affidavit of evidene.
Next Purpose: FOR HEARING
Next Hearing Date: 08-01-2024

Date: 08-01-2024
Business: When matter is called out complainant is present. Advocate for complainant is present. Accused is absent advocate for accused absent. Adj for filling of affidavit of evidence.
Next Purpose: FOR HEARING
Next Hearing Date: 03-04-2024

Date: 03-04-2024
Business: When matter is called out complainant is present. Advocate for complainant is present. Accused is absent advocate for accused present. Exh.17 Affidavit of evidence. O/- Seen. Exh.18  List of document. O/- Filed. Exh.19 to Exh.36 Documents exhibited today. Exh.37 Application for interim application of complainant U/sec 143A. O/-Seen Exh. 38 Advocate for accused filed exemption application of accused. O/- Granted. Adj for cross examination of complainant.
Next Purpose: PART HEARD
Next Hearing Date: 15-07-2024

Date: 15-07-2024
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: 21-09-2024

Date: 21-09-2024
Business: When matter is called out complainant is present. Advocate for complainant is present. Accused is absent advocate for accused absent. Adj NBW report / for cross examination of complainant.
Next Purpose: PART HEARD
Next Hearing Date: 25-11-2024

Date: 25-11-2024
Business: When matter is called out complainant is absent. Advocate for complainant is present. Accused is present advocate for accused present. Exh. 4 application for cancellation of NBW.  warrant stands cancelled on penalty of Rs. 500/-.
Adj for cross examination of complainant.
Next Purpose: PART HEARD
Next Hearing Date: 06-01-2025

Date: 06-01-2025
Business: Ld. JMFC is on Training ECT 13-2024 and ECT 16-2024. charge with Ld. JMFC 32th court. Hence board is discharge. adj for.
Next Purpose: PART HEARD
Next Hearing Date: 27-02-2025

Date: 27-02-2025
Business: When matter is called out complainant is present. Advocate for complainant is present. Accused is absent advocate for accused present. Application for exemption of accused. O/- Granted. Adj for cross examination of complainant.
Next Purpose: PART HEARD
Next Hearing Date: 24-06-2025

Date: 24-06-2025
Business: When matter is called out complainant is present. Advocate for complainant is present. Accused is absent advocate for accused present.
Order below Exh. 37.
1.  applicaiton is allowed.
2. The accused is directed to make payment of 20 percent of cheque amount within 60 days from today to the complainant as an interim compensation.
3. Order be uploaded on CIS.
4. Order dictated and pronounced in open court.
Adj for cross examination of complainant.
Next Purpose: PART HEARD
Next Hearing Date: 08-09-2025

Date: 08-09-2025
Business: When matter is called out complainant is present. Advocate for complainant is present. Accused is present advocate for accused present. Exh. 43. application for extension of time to deposit. seen and filed.
Adj for cross examination of complainant.
Next Purpose: PART HEARD
Next Hearing Date: 17-10-2025

Date: 17-10-2025
Business: called on today complainant present and his advocate present. accused absent and his advocate present. Application for exemption of accused. O/- Granted. Exh. 44 Advocate for accused filed application for permission to comply with the order of Interim compensation of 10 percent today and for extension of time to deposit the remaining 10 percent on next date. O/- Allowed. Exh.45 Application for issuance of destress warrant against accused. O/- Accused to say. adj for
Next Purpose: PART HEARD
Next Hearing Date: 06-01-2026

Date: 06-01-2026
Business: called on today complainant present and his advocate present. accused absent and his advocate present. exemption application granted for today.
adj for cross examination of the complainant.
Next Purpose: PART HEARD
Next Hearing Date: 20-03-2026

Date: 20-03-2026
Business: called on today complainant present and his advocate present. accused absent and his advocate present. exemption application granted for today. adj for cross examination of the complainant.
Next Purpose: PART HEARD
Next Hearing Date: 27-04-2026

Date: 27-04-2026
Business: called on today complainant present and his advocate present. accused absent and his advocate present. Exh. 49 Pursis for complainant of interim compensation. seen.  Exh. 50  application for exemption. granted for today. Exh.51 application for issuance of NBW.  keep for order till next date. Exh. 52  application to close the cross examination of the complainant. keep for order on next date.
adj for cross examination of the complainant.
Next Purpose: PART HEARD
Next Hearing Date: 08-06-2026

Date: 08-06-2026
Business: Ld. JMFC court is vacant charge with Ld. JMFC 71st court. Hence board is discharge.
adj for
Next Purpose: PART HEARD
Next Hearing Date: 07-08-2026

Date: 07-08-2026
Business: called on today complainant present and his advocate present. accused absent and his advocate present. exemption application granted for today. adj for cross examination of the complainant.
Next Purpose: PART HEARD
Next Hearing Date: 08-09-2026

Date: 08-09-2026
Business: called on today complainant present and his advocate present. accused absent and his advocate present. Exh. 54 exemption application granted.  Ex. 55 consent terms seen and filed.
adj for settlement.
Next Purpose: PART HEARD
Next Hearing Date: 21-10-2026

Additional Case Details

Additional Case Details
Filing Number: 7003232/2022
Filing Date: 13-04-2022
First Hearing Date: 19th May 2022
Court Number And Judge: 58-JUDICIAL MAGISTRATE FIRST CLASS 58TH COURT

Orders

2
Interim Order 1Full order available
24 Jun 2025

Order Details: Order Below EX 1 Pdf Text: MHMM180035442022 Summary Cases/5800263/2022 MR. SUSHIL KUMAR SWAMINATH UMAR VIASH Vs. MR. ABDULAA CHOUDHARY PROPRIETOR OF NICE BUILDERS AND DEVELOPERS IN THE COURT OF JUDICIAL MAGISTRATE(FIRST CLASS), 58TH COURT, BANDRA, MUMBAI ORDER BELOW APPLICATION EXH.37 This is the application for granting an interim compensation filed u/sec.143-A of the Negotiable Instrument Act. 2. Accused failed to file reply despite giving more than sufficient opportunity. 3. Heard both sides. 4. Today advocate for accused shown…

Read Full Order
Order 1Full order available
24 Jun 2025

Order Details: Order Below EX 1 Pdf Text: MHMM180035442022 Summary Cases/5800263/2022 MR. SUSHIL KUMAR SWAMINATH UMAR VIASH Vs. MR. ABDULAA CHOUDHARY PROPRIETOR OF NICE BUILDERS AND DEVELOPERS IN THE COURT OF JUDICIAL MAGISTRATE(FIRST CLASS), 58TH COURT, BANDRA, MUMBAI ORDER BELOW APPLICATION EXH.37 This is the application for granting an interim compensation filed u/sec.143-A of the Negotiable Instrument Act. 2. Accused failed to file reply despite giving more than sufficient opportunity. 3. Heard both sides. 4. Today advocate for accused shown…

Read Full Order

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