Final Order 1

Order Details: Order Below EX 1
Pdf Text: MHMM180038202018
Summons Cases SS/373/2018
AREEF PATEL Vs. M-S DANDA FISHERIES
IN THE COURT OF THE JUDICIAL MAGISTRATE (FIRST CLASS),
58TH COURT, BANDRA, MUMBAI
ORDER BELOW EXH.01
1. Complainant and advocate Mr. Ganesh Dalvi absent since last so
many dates. Matter is pending for securing presence of the accused persons.
Perused the proceeding. The advocate for accused No.3 has passed pursis
stating that the complainant Mr. Areef Patel has expired on 29.07.2019. He
has also produced photo copy of death certificate alongwith pursis Exh.11
filed on 15.02.2021.
2. The proceeding shows that no steps taken by the complainant
or by his advocate on behalf of him. Therefore, there is reason to believe that
the contention of the accused No.3 as to the death of complainant. None of
the legal representatives of the deceased complainant have come forward to
continue the proceeding against the accused. The matter is pending since
year 2018. In the facts and circumstances, it is not just and proper to keep
the file pending on record as it is. Hence, I pass following order.
ORDER
1. Complaint is dismissed in default of the complainant vide section
256 of Cr.P.C.
2. Accused are acquitted of the offence punishable under section 138
of Negotiable Instrument Act.
3. Order dictated and pronounced in open court.
Mumbai, (M. P. Saraf)
Dated : 20.12.2024. Judicial Magistrate(First Class),
58th Court, Bandra, Mumbai.
J.O.Code-MH01362
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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 : 20.12.2024.
Transcribed and Typed on : 20.12.2024.
Order printed and Signed on : 20.12.2024.
Order Uploaded on : 20.12.2024.
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