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Shri. Hemant Nilkanth ApteVsShree Vinayak Forex Pvt. Ltd +1 more

CNR MHMM18004166201858-JUDICIAL MAGISTRATE FIRST CLASS 58TH COURT
CASE DISPOSED
Contested--Withdraw after Statement of Accused
Decision Date: 12th February 2026

TrustJury record updated 24 Sept 2026

Case Overview

Registration Number
109/2018
Registration Date
30 Jan 2018

Advocates

0

No advocate information is available in this record.

Parties

3

Acts & Sections

1
NEGOTIABLE INSTRUMENTS ACT · Sec 138

Case History / Proceedings

Case History
Date: 03-04-2018
Business: When matter is called out
Complainant is present with his advocate
Exh.Exh.5- Complainant is given affidavit of evidence and list of document
Adj for Process order
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 19-04-2018

Date: 19-04-2018
Business: Ld. MM is on leave, Charge with ACMM, 9th court, Hence Board is discharged
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: 21-07-2018

Date: 21-07-2018
Business: When matter is called out
Complainant is absent advocate for complainant is present
Heard argument of process order
O/exh.1- issue process against the accused u/s. 138 R/w. 141 the N. I. Act. Summons R/o. 07.08.2018
Next Purpose: NOT HEARD CASES
Next Hearing Date: 07-08-2018

Date: 07-08-2018
Business: When matter is called out
Complainant is present with his advocate
Accused and his advocate is absent
Exh.7- Advocate for complainant is given warrant application
Issue warrant against accused
Adj for Warrant report
Next Purpose: NOT HEARD CASES
Next Hearing Date: 28-09-2018

Date: 28-09-2018
Business: Today matter is not trace
Next Purpose: NOT HEARD CASES
Next Hearing Date: 20-10-2018

Date: 20-10-2018
Business: When matter is called out
Complainant and his advocate is present
Accused and his advocate is present
Exh.9- Advocate for accused is given warrant cancellation application
canceled bailable warrant on penalty of Rs.500/-
Exh.10- Advocate for accused is given bail application
The accused be release on bail of Rs.15,000/- with one surety or cash bail of like amount
Exh.11 and Exh.12- Accused be release on P. R. Bond and Cash Bond of Rs.15,000/
Exh.13- The accused is recorded plea
Plead not guilty
Exh.14- Advocate for complainant is given application for Interim compensation
Other side to say
Exh.15. Matter is referred in mediation
Adj for Settlement between parties or Say on list of document
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 absent. Ld. Counsel for accused present.
Accused exempted for a day.
Mediation report awaited.
Adjourned to
Next Purpose: PART HEARD
Next Hearing Date: 23-01-2019

Date: 23-01-2019
Business: When called out complainant  present with advocate
Accused absent advocate present
Application for exemption
Granted
Adv for accused filed say on list of documents. original documents are exhibited viz. Exh. nos. 14 to 18
 Matter is posted for cross of P.W.No. 1. Adjourned to
Next Purpose: PART HEARD
Next Hearing Date: 14-03-2019

Date: 14-03-2019
Business: When called out complainant absent advocate present.
Accused absent advocate present.
Accused exempted.
Exh 19. V.P.filed today.
Exh 20. Application for adjournment.
Application rejected.
Today matter is cross of P.W.No.1
For no say order.
Next Purpose: PART HEARD
Next Hearing Date: 24-04-2019

Date: 24-04-2019
Business: When called out complainant preset with advocate.
Accused absent advocate present.
Accused exempted.
Exh.21. Adv for accused filed say of the accused on application u/s.143(A) .
Both advocate argument today.
For order on  application 143(A) exh.14. and cross of P.W.No.1.
Next Purpose: PART HEARD
Next Hearing Date: 04-06-2019

Date: 04-06-2019
Business: When called out complainant absent Adv for Complainant is present. Accused absent with advocate.
Order passed Below Exh.14.
Adj for Cross
Next Purpose: PART HEARD
Next Hearing Date: 11-07-2019

Date: 11-07-2019
Business: When matter is called out
Complainant is absent advocate for Complainant is present
Accused is absent advocate for Accused is absent
Exh. 22- Advocate for complainant is given adjournment application
Last chance is granted
Adj for Cross examination of the P. W. No. 1
Next Purpose: PART HEARD
Next Hearing Date: 29-08-2019

Date: 29-08-2019
Business: When matter is called out
Complainant is present advocate for Complainant is present
Accused is absent advocate for Accused is absent
O/Exh.1- P. W. No. 1 is present. The accused is absent. Hence, cross is closed
Exh. 23- Advocate for complainant is given warrant application
No cross order passed below Exh.1 proceed further
Adj for further any other witness of the complainant
Next Purpose: PART HEARD
Next Hearing Date: 21-10-2019

Date: 21-10-2019
Business: Board is discharged,
Due to election holiday.
Adj for.
Next Purpose: PART HEARD
Next Hearing Date: 23-11-2019

Date: 23-11-2019
Business: When called out complainant absent. advocate present.
Accused absent advocate present.
Exh.24. Adv for accused filed V.P today.
Exh.25. Adv for accused filed application for setting aside no cross order dt. 29.8.19
Complainant to say.
For say on exh.25 and further any other witness.
Next Purpose: PART HEARD
Next Hearing Date: 09-01-2020

Date: 09-01-2020
Business: When called out complainant absent advocate present.
Accused absent advocate present.
Today order passed on exh.25.
Application at exh.25 is allowed subject to the cost of Rs. 500/- payable to the complainant.
For cost and any other witness of complainant.
Next Purpose: PART HEARD
Next Hearing Date: 07-02-2020

Date: 07-02-2020
Business: N.T
When called out complainant absent advocate present.
Accused absent advocate present.
For cost and any other witness of complainant.
Next Purpose: PART HEARD
Next Hearing Date: 04-04-2020

Date: 04-04-2020
Business: In view of District court Advisory Directions issued by Honourable High court. (Corona Virus) Hence Board is discharged. Adj for.
Next Purpose: PART HEARD
Next Hearing Date: 20-05-2020

Date: 20-05-2020
Business: National Lock down extended up to 31st May 2020
Next Purpose: PART HEARD
Next Hearing Date: 31-07-2020

Date: 31-07-2020
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: 16-10-2020

Date: 16-10-2020
Business: As Ld M.M.is on leave.
Charge is with Ld. M.M. 71st court.
Adj for.
Next Purpose: PART HEARD
Next Hearing Date: 11-01-2021

Date: 11-01-2021
Business: Board is discharged.
As Ld M.M.is on leave.
Charge is with Ld. M.M.71th court.
Adj for.
Next Purpose: PART HEARD
Next Hearing Date: 30-03-2021

Date: 30-03-2021
Business: When called out, complainant absent, his advocate absent.
Accused absent, his advocate present.
For  cost and any other witness of complainant.
Next Purpose: PART HEARD
Next Hearing Date: 21-06-2021

Date: 21-06-2021
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: 06-09-2021

Date: 06-09-2021
Business: Ld. M. M. is on leave,
Charge with M. M. 71st Court.
Hence, board is discharged.
Next Purpose: PART HEARD
Next Hearing Date: 26-10-2021

Date: 26-10-2021
Business: When matter is called out.
Complainant is absent. Advocate for the complainant is present.
Accused  is absent. Advocate for the Accused  is present.
Exh. 26- Advocate for the accused is given vakalatnama.
Filed.
Adj for Cost of Rs. 500/- payable to the complainant and cross examination of the complainant.
Next Purpose: PART HEARD
Next Hearing Date: 17-12-2021

Date: 17-12-2021
Business: Ld. MM is on leave 1st session. charge with ACMM 9th court. Hence board discharged.
Next Purpose: PART HEARD
Next Hearing Date: 11-02-2022

Date: 11-02-2022
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: 29-04-2022

Date: 29-04-2022
Business: Ld M.M. is on leave. Charge with Ld ACMM 9th court. Hence Board is discharge. Adj for
Next Purpose: PART HEARD
Next Hearing Date: 29-07-2022

Date: 29-07-2022
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. 27- Application for Admission and Denial of document tender in evidence by the complainant. Filed.
Cross examination of P.W. 01 Shri. Hemant Nilkanth Apte on behalf the accused by advocate Varun Shenai.
Adj for  On oral request of advocate of the accused, the cross examination is deferred till next date.
Adj for Cost of Rs. 500/- payable to the complainant and cross examination of the complainant.
Next Purpose: PART HEARD
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.
Adj for Cost of Rs. 500/- payable to the complainant and cross examination of the complainant.
Next Purpose: PART HEARD
Next Hearing Date: 17-11-2022

Date: 17-11-2022
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 Cost of Rs. 500/- payable to the complainant and cross examination of the complainant.
Next Purpose: PART HEARD
Next Hearing Date: 09-02-2023

Date: 09-02-2023
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 Cost of Rs. 500/- payable to the complainant and cross examination of the complainant.
Next Purpose: PART HEARD
Next Hearing Date: 02-08-2023

Date: 02-08-2023
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 cross examination of the complainant.
Next Purpose: PART HEARD
Next Hearing Date: 12-10-2023

Date: 12-10-2023
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 cross examination of the complainant.
Next Purpose: PART HEARD
Next Hearing Date: 06-12-2023

Date: 06-12-2023
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. 30 application for exemption. granted.
Adj for cross examination of the complainant.
Next Purpose: PART HEARD
Next Hearing Date: 03-01-2024

Date: 03-01-2024
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 cross examination of the complainant.
Next Purpose: PART HEARD
Next Hearing Date: 15-03-2024

Date: 15-03-2024
Business: When matter is called out. Complainant is present. Advocate for the complainant is present. Accused is absent. Advocate for the Accused is absent. Adj for cross examination of the complainant.
Next Purpose: PART HEARD
Next Hearing Date: 18-05-2024

Date: 18-05-2024
Business: Ld. M.M. is on vacation leave. Hence Board is discharged. Charge with ACMM 9th Court.
Next Purpose: PART HEARD
Next Hearing Date: 05-07-2024

Date: 05-07-2024
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. 31 application for adjournment. granted.
Adj for cross examination of the complainant.
Next Purpose: PART HEARD
Next Hearing Date: 25-10-2024

Date: 25-10-2024
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. 32  application for no cross. keep for order. Exh. 33 application for issuance of NBW. Issue NBW against accused.
Adj for cross examination of the complainant.
Next Purpose: PART HEARD
Next Hearing Date: 16-12-2024

Date: 16-12-2024
Business: When matter is called out. Complainant is absent. Advocate for the Complainant is present. Accused is absent. Advocate for  Accused is absent. Adj for cross examination of the complainant.
Next Purpose: PART HEARD
Next Hearing Date: 04-03-2025

Date: 04-03-2025
Business: When matter is called out. Complainant is absent. Advocate for the Complainant is present. Accused is absent. Advocate for Accused is present. application for adjournment. granted.
Adj for cross examination of the complainant.
Next Purpose: PART HEARD
Next Hearing Date: 26-03-2025

Date: 26-03-2025
Business: called on today complainant present and his advocate present. accused present and his advocate present. Exh. 37 application for exemption. rejected.  Order below Exh. 01  Hence right of accused to conduct cross examination stands closed evidence.
Exh. 38  Pursis for closing evidence.
adj for Statement of the accused u/s 313 of CRPC.
Next Purpose: For Examination of Accused U/sec. 313 CrPC
Next Hearing Date: 02-05-2025

Date: 02-05-2025
Business: Ld. JMFC is on leave charge with Ld. JMFC 71st court. Hence board is discharge.
adj for.
Next Purpose: For Examination of Accused U/sec. 313 CrPC
Next Hearing Date: 20-06-2025

Date: 20-06-2025
Business: called on today complainant absent and his advocate present. accused absent and his advocate absent. Exh. 39  application for without recording statement of accused.
O/- statement of the accused u/s 313 of CRPC stands dispensed with.
adj for final argument.
Next Purpose: For Final Argument
Next Hearing Date: 31-07-2025

Date: 31-07-2025
Business: when called out. complainant absent and his advocate present. Accused absent and his advocate present. Exh. 40 application for exemption.  keep for order. Exh. 41 application seeking permission to  recall to re examine u/s 311 of CRPC. complainant to say.
adj for further any other witness.
Next Purpose: PART HEARD
Next Hearing Date: 06-10-2025

Date: 06-10-2025
Business: when called out. complainant absent and his advocate present. Accused absent and his advocate present. Exh. 42 exemption application granted for today. Exh. 43 reply  u/s 311 of CRPC. seen.
adj for further any other witness.
Next Purpose: PART HEARD
Next Hearing Date: 01-12-2025

Date: 01-12-2025
Business: when called out. complainant absent and his advocate present. Accused absent and his advocate present. Exh. 44 Written arguments on behalf of the accused is filed. O/- Seen. Exh. 45 Application for exemption of accused. o/- Granted. Order below Exh. 41 - 1. Application is rejected. 2. Matter be posted for filling written notes of arguments by the parties on next date.
Next Purpose: For Final Argument
Next Hearing Date: 02-01-2026

Date: 02-01-2026
Business: Called on today. complainant absent and his advocate present. accused absent and his advocate absent.
Order below Exh. 01.
1. Right of accused to advance final arguments stands closed.
2. Accused to keep her advocate present on next date for judgment.
3. Order dictated and pronounced in open court.
4. Order be uploaded on court web portal.
adj for final order.
Next Purpose: FOR JUDGMENT
Next Hearing Date: 12-02-2026

Date: 12-02-2026
Business: called on today. complainant absent and his advocate present. accused present and his advocate present.
Order below Exh. 01.
Advocate for complainant and accused present. Accused NO. 2settled the matter at a stage of Judgment. Accused have agreed to pay Rs. 5 laksh to the complainant. out of said amount accused had paid Rs. 1 lakh to the advocate of complainant. advocate for complainant obtained consent of complainant to settle the matter accordingly, both parties have executed consent Terms Exh. 49. As per consent Terms accused has given four cheques for Rs. 1 lakh each in favour of complainant for remaining payment. Complainant is not willing to proceed with the matter out of settlement. accordingly, filed pursis for withdrawal of the complaint at Exh. 50. withdrawal of complaint is voluntary. Hence, I pass following order.
Order.
1. Complaint stands dismissed as withdrawn.
2. The accused are acquitted of the offence punishable u/s 138 r/w 141 of the N.II. act.
3. In view of section 43 of Maharashtra court fees act, court fees be refunded as per rules and stage of proceeding.
4. Order dictated and pronounced in open court.
Nature Of Disposal: Withdraw after Statement of Accused
Disposal Date: 12-02-2026

Additional Case Details

Additional Case Details
Filing Number: 1390/2018
Filing Date: 30-01-2018
First Hearing Date: 03rd April 2018
Decision Date: 12th February 2026
Court Number And Judge: 58-JUDICIAL MAGISTRATE FIRST CLASS 58TH COURT

Orders

8
Final Order 5Full order available
12 Feb 2026

Order Details: Order Below EX 1 Pdf Text: MHMM180041662018 Summons Cases SS/109/2018 Shri. Hemant Nilkanth Apte Vs. Shree Vinayak Forex Pvt. Ltd IN THE COURT OF JUDICIAL MAGISTRATE(FIRST CLASS), 58TH COURT, BANDRA, MUMBAI ORDER BELOW EXH.01 Advocate for complainant and accused present. Accused No.2 also present. Both parties settled the matter at a stage of Judgment. Accused have agreed to pay Rs.5 lakhs to the complainant. Out of said amount accused had paid Rs.1 lakh to the advocate of complainant.…

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Final Order 4
12 Feb 2026
Order Details: Order Below EX 1
Pdf Text: -- 1 of 1 --
Interim Order 3
02 Jan 2026
Order Details: Order Below EX 1
Pdf Text: -- 1 of 1 --
Interim Order 2Full order available
01 Dec 2025

Order Details: Order Below EX 1 Pdf Text: MHMM180041662018 Summons Cases SS/109/2018 Shri. Hemant Nilkanth Apte Vs. Shree Vinayak Forex Pvt. Ltd IN THE COURT OF JUDICIAL MAGISTRATE (FIRST CLASS), 58TH COURT, BANDRA, MUMBAI ORDER BELOW APPLICATION EXH.41 This is an application for recalling defence witness filed on behalf of accused in their absence. 2. It is contended on behalf of accused, it is necessary to recall the witness for just decision of the case. 3. Application is strongly objected…

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Interim Order 1
20 Jun 2025
Order Details: Order Below EX 1
Pdf Text: -- 1 of 1 --
Order 3
02 Jan 2026
Order Details: Order Below EX 1
Pdf Text: -- 1 of 1 --
Order 2Full order available
01 Dec 2025

Order Details: Order Below EX 1 Pdf Text: MHMM180041662018 Summons Cases SS/109/2018 Shri. Hemant Nilkanth Apte Vs. Shree Vinayak Forex Pvt. Ltd IN THE COURT OF JUDICIAL MAGISTRATE (FIRST CLASS), 58TH COURT, BANDRA, MUMBAI ORDER BELOW APPLICATION EXH.41 This is an application for recalling defence witness filed on behalf of accused in their absence. 2. It is contended on behalf of accused, it is necessary to recall the witness for just decision of the case. 3. Application is strongly objected…

Read Full Order
Order 1
20 Jun 2025
Order Details: Order Below EX 1
Pdf Text: -- 1 of 1 --

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