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Summons Cases SS - Summons Case SS

DINESH DHARMADAS PATELVsNISHRIN KAMRUDDIN JASDANWALA

CNR MHMM18003707202058-JUDICIAL MAGISTRATE FIRST CLASS 58TH COURT
CASE DISPOSED
Contested--Withdraw after Filing Affidavit
Decision Date: 18th January 2025

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number
5800737/2020
Registration Date
25 Sept 2020

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    NEGOTIABLE INSTRUMENTS ACT · Sec 138

    Case History / Proceedings

    Case History
    Date: 16-12-2020
    Business: When called out complainant present with advocate.
    Exh.6. Adv for complainant filed V.P today.
    Exh.7. Verification statement filed today.
    Order below exh.1.
    Read complaint and verification .
    Process issue against accused u/s.138 N.I.Act.
    Issue summons to accused.
    For summon report.
    Next Purpose: Awaiting services of notice / summons
    Next Hearing Date: 09-03-2021
    
    Date: 09-03-2021
    Business: When called out, complainant present, his advocate present
    Accused absent, his advocate absent.
    Adj for.
    Next Purpose: Awaiting services of notice / summons
    Next Hearing Date: 23-06-2021
    
    Date: 23-06-2021
    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: Awaiting services of notice / summons
    Next Hearing Date: 01-10-2021
    
    Date: 01-10-2021
    Business: When matter is called out.
    Complainant is absent advocate for the Complainant is present.
    Accused is absent advocate for the Accused is absent.
    Exh. 08- Advocate for the complainant is given warrant application.
    Issue non-bailable warrant against the accused.
    Later on
    Advocate for the accused is present.
    Exh. 09- Advocate for the accused is given vakalatnama.
    Filed.
    Exh. 10- Advocate for the accused is given warrant cancellation application.
    warrant is cancelled subjected to penalty of Rs. 200/-.
    Adj for plea of the accused.
    Next Purpose: CHARGE FRAMED  - Framing of Charge / Plea
    Next Hearing Date: 23-02-2022
    
    Date: 23-02-2022
    Business: When matter is called out. Complainant is absent advocate for the Complainant is present. accused absent advocate for accused present. Exh.11- application for exemption. Granted.  adj for plead of accused.
    Next Purpose: CHARGE FRAMED  - Framing of Charge / Plea
    Next Hearing Date: 06-04-2022
    
    Date: 06-04-2022
    Business: When matter is called out. Complainant is absent advocate for the Complainant is present. accused absent advocate for accused present. Exh. 12-  application for exemption. O/- adjournment is granted subjected to cost  of Rs. 1000/- payable to complainant.
    adj for plead of accused.
    Next Purpose: CHARGE FRAMED  - Framing of Charge / Plea
    Next Hearing Date: 07-06-2022
    
    Date: 07-06-2022
    Business: when called out complainant absent and his advocate present. Exh. 13- application for   seeking exemption of appearance on behalf of the accused. O/- Granted.
    adj for cost and warrant report.
    Next Purpose: Awaiting execution of service NBW
    Next Hearing Date: 12-08-2022
    
    Date: 12-08-2022
    Business: When matter is called out. Complainant absent his advocate  present.
     Accused present and his advocate present. Exh. 14- VP filed.
    Exh. 15 application for bail. O/- accused released on PB and cash security of Rs. 5000/- Exh. 16 PR and cash bond.
    Exh. 17- plea of the accused is recorded.
    Adj for filling of affidavit of evidence.
    Next Purpose: FOR HEARING
    Next Hearing Date: 01-11-2022
    
    Date: 01-11-2022
    Business: When matter is called out. Complainant present his advocate present. Accused absent and his advocate present. Exh. 18 Affidavit in lieu of examination in chief. filed. Exh. 19- list of document.
    Adj for Cross examination of the complainant.
    Next Purpose: PART HEARD
    Next Hearing Date: 25-01-2023
    
    Date: 25-01-2023
    Business: When matter is called out. Complainant absent his advocate absent. Accused absent and his advocate present.
    Adj for Cross examination of the complainant.
    Next Purpose: PART HEARD
    Next Hearing Date: 04-03-2023
    
    Date: 04-03-2023
    Business: When matter is called out. Complainant present his advocate present. Accused absent and his advocate absent.
    Adj for Cross examination of the complainant.
    Next Purpose: PART HEARD
    Next Hearing Date: 24-07-2023
    
    Date: 24-07-2023
    Business: When matter is called out. Complainant present his advocate present. Accused absent and his advocate absent.
    Exh. 26 VP filed. Adj for Cross examination of the complainant.
    Next Purpose: PART HEARD
    Next Hearing Date: 21-11-2023
    
    Date: 21-11-2023
    Business: Ld. M.M. is on leave charge with Ld. M.M. 71st court. Hence board is discharged.
    Next Purpose: PART HEARD
    Next Hearing Date: 12-01-2024
    
    Date: 12-01-2024
    Business: When matter is called out. Complainant present his advocate present. Accused absent and his advocate absent. Exh. 27  application for no cross order. O/- keep for order next date.
    Adj for Cross examination of the complainant.
    Next Purpose: PART HEARD
    Next Hearing Date: 02-03-2024
    
    Date: 02-03-2024
    Business: When matter is called out. Complainant present his advocate present. Accused absent and his advocate absent. Application for exemption of accused.  O/- O/- Granted for today. Adj for Cross examination of the complainant.
    Next Purpose: PART HEARD
    Next Hearing Date: 25-04-2024
    
    Date: 25-04-2024
    Business: When matter is called out. Complainant is present. advocate for the Complainant is present. Accused is absent advocate for the Accused is present.
    Order below Exh. 27  allowed.
    Exh. 28 application for exemption. rejected.
    Exh. 29 Puris for evidence closed. read and record.
    Adj for Statement of the accused u/s 313 of CRPC.
    Next Purpose: Statement in 1st Session
    Next Hearing Date: 25-06-2024
    
    Date: 25-06-2024
    Business: When matter is called out. Complainant is absent. advocate for the Complainant is present. Accused is absent advocate for the Accused is absent.  Exh. 30 application for dispensing statement of accused. Keep for order.
    Adj for Statement of the accused u/s 313 of CRPC.
    Next Purpose: Statement in 1st Session
    Next Hearing Date: 29-08-2024
    
    Date: 29-08-2024
    Business: when called out complainant absent and his advocate present. accused absent and his advocate present. Exh. 31  application for exemption. granted. Exh. 32 application for setting a side no cross order.
    O/- complainant to say.
    adj for Statement of the accused u/s 313 of CRPC.
    Next Purpose: For Examination of Accused U/sec. 313 CrPC
    Next Hearing Date: 01-10-2024
    
    Date: 01-10-2024
    Business: when called out complainant present and his advocate present. accused present and his advocate present. Exh. 33consent terms filed.
    adj for Statement of the accused u/s 313 of CRPC.
    Next Purpose: For Examination of Accused U/sec. 313 CrPC
    Next Hearing Date: 13-12-2024
    
    Date: 13-12-2024
    Business: when called out complainant present and his advocate present. accused absent and his advocate present. Exh. 34 application for exemption. granted. Exh. 35 Joint pursis. seen.
    adj for Statement of the accused u/s 313 of CRPC.
    Next Purpose: For Examination of Accused U/sec. 313 CrPC
    Next Hearing Date: 18-01-2025
    
    Date: 18-01-2025
    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 and pronounced in open court.
    Nature Of Disposal: Withdraw after Filing Affidavit
    Disposal Date: 18-01-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 7003129/2020
    Filing Date: 18-09-2020
    First Hearing Date: 16th December 2020
    Decision Date: 18th January 2025
    Court Number And Judge: 58-JUDICIAL MAGISTRATE FIRST CLASS 58TH COURT

    Orders

    1
    Final Order 1
    18 Jan 2025
    Order Details: Order Below EX 1
    Pdf Text: MHMM180037072020
    Summons Cases SS/5800737/2020
    DINESH DHARMADAS PATEL Vs. NISHRIN
    KAMRUDDIN JASDANWALA
    IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS, 58TH
    COURT, BANDRA, MUMBAI
    ORDER BELOW EXH.01
    Complainant and his advocate present. The complainant is
    not ready and willing to proceed with the case. The case is part
    heard. Both parties have settled the dispute amicably out of court.
    Accordingly, complainant filed application at Exh.36 for
    withdrawal of the complaint. 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 )
    Judicial Magistrate First Class,
    Date : 18.01.2025 58th Court, Bandra, Mumbai.
    J.O.Code: MH01362
    -- 1 of 2 --
    CERTIFICATE
    I affirm that the contents of this P.D.F. file Order are same, word to word as per the
    original Order.
    Name of Stenographer : Mrs. Aditi Ravikiran Dalvi
    Court : Judicial Magistrate(First Class), 58th Court, Bandra,
    Mumbai.
    Dictated in open court on : 18.01.2025.
    Transcribed and Typed on : 18.01.2025.
    Order printed and Signed on : 18.01.2025.
    Order Uploaded on : 18.01.2025.
    -- 2 of 2 --

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