Summons Cases SS - Summons Case SS
FARIDA BEGUM SHAIKHVsYASMIN NOOR KHAN
CNR MHMM18004440201858-JUDICIAL MAGISTRATE FIRST CLASS 58TH COURT
Additional Metropolitan Magistrate, Bandra, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--Dismissed
Decision Date: 01st December 2023
TrustJury record updated 24 Sept 2026
Case Overview
- Registration Number
- 97/2018
- Registration Date
- 29 Jan 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: 21-03-2018 Business: AS PER ROZNAMA Next Purpose: NOT HEARD CASES Next Hearing Date: 10-04-2018 Date: 10-04-2018 Business: When matter is called out Complainant is absent Advocate for complainant is present adj for steps Next Purpose: NOT HEARD CASES Next Hearing Date: 26-04-2018 Date: 26-04-2018 Business: When matter is called out Complainant and his advocate is absent Adj for Affidavit of evidence Next Purpose: NOT HEARD CASES Next Hearing Date: 06-07-2018 Date: 06-07-2018 Business: When called out complainant absent. Advocate for complainant absent. For steps. Adjourned to Next Purpose: NOT HEARD CASES Next Hearing Date: 04-08-2018 Date: 04-08-2018 Business: When matter is called out Complainant is present with his advocate Exh.5 and Exh.6- Complainant is given affidavit of evidence and list of document O/exh.1- Issue process against the accused u/s. 138 of the N. I. Act. Summons returnable on 25.09.2018 Next Purpose: NOT HEARD CASES Next Hearing Date: 25-09-2018 Date: 25-09-2018 Business: When matter is called out Complainant and his advocate is present Accused and his advocate is absent Exh.7- Advocate for complainant is given warrant application Issue bailable warrant against accused Adj for warrant report Next Purpose: NOT HEARD CASES Next Hearing Date: 29-11-2018 Date: 29-11-2018 Business: When matter is called out Complainant is absent advocate for complainant is present Accused is present and his advocate is present Exh.8- Advocate for accused is given vakalatnama filed Exh.9- Advocate for accused is given bail application The accused is ordered to be release on bail of Rs.15,000/- The accused is directed to furnish surety or cash bail of like amount on next date Exh.10- The accused is release on P. R. Bond of Rs.15,000/- Exh.11- The accused is recorded plea Plead not guilty Adj for Furnish surety or cash bail and Say on list of document Next Purpose: PART HEARD Next Hearing Date: 05-01-2019 Date: 05-01-2019 Business: Due to Bar Counsel Election at Bandra Center of Court. Board Discharged. Adjourned to Next Purpose: PART HEARD Next Hearing Date: 25-02-2019 Date: 25-02-2019 Business: When called out complainant absent advocate absent. Accused present with advocate. Today matter is fixed for say of accused on Admission and denial of documents. Accused failed to file say hence original documents are exhibited keeping objection for final arguments. Original documents are exhibited viz. Exh. no.12 To16 . Exh. 17. Adv for complainant filed application for directing accused to deposit accused to deposit 20 percentage to the cheque amt. to the complainant as interim compensation. O.S to say. Case is adjourned for cross of P.W.No. 1 and say on ex. 17 Adjourned to Next Purpose: PART HEARD Next Hearing Date: 15-04-2019 Date: 15-04-2019 Business: Board is discharged. As Ld M.M.is on jail visit. Charge is with Ld. A.C.M.M.9th court. Adj for. Next Purpose: PART HEARD Next Hearing Date: 16-05-2019 Date: 16-05-2019 Business: When matter is called out Complainant is present advocate for complainant is present Accused is absent advocate for accused is absent Exh. 18- Advocate for complainant is given warrant application The case is PH proceed further O/Exh.17- Proceed without say Adj for Argument on Exh.17 application for deposit 20 per cent of the cheque amount Next Purpose: PART HEARD Next Hearing Date: 27-06-2019 Date: 27-06-2019 Business: When called out complainant present with advocate. Accused present advocate absent. Adv for argument today on exh.17. For order on exh.17. Next Purpose: PART HEARD Next Hearing Date: 13-08-2019 Date: 13-08-2019 Business: When called out complainant and advocate present. Accused present advocate absent. Today order passed below exh.17. The application is rejected. For cross. Next Purpose: PART HEARD Next Hearing Date: 05-10-2019 Date: 05-10-2019 Business: When matter is called out complainant absent. Advocate for complainant absent. Accused present. V.P. filed by accused advocate. Adj for argument on Ex.17. Next Purpose: PART HEARD Next Hearing Date: 02-12-2019 Date: 02-12-2019 Business: Board is discharged As Ld M.M.is on leave. Charged is with A.C.M.M.9th Court. Adj for. Next Purpose: PART HEARD Next Hearing Date: 11-02-2020 Date: 11-02-2020 Business: When called out complainant present advocate absent. Accused absent advocate present For argument on exh.17. Next Purpose: PART HEARD Next Hearing Date: 09-04-2020 Date: 09-04-2020 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: 22-06-2020 Date: 22-06-2020 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: PART HEARD Next Hearing Date: 14-09-2020 Date: 14-09-2020 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: PART HEARD Next Hearing Date: 07-12-2020 Date: 07-12-2020 Business: When matter is called out Complainant is absent Advocate for Complainant is absent Accused is absent and his advocate is absent Hence, matter is adjourned Next Purpose: PART HEARD Next Hearing Date: 22-02-2021 Date: 22-02-2021 Business: When called out, complainant absent, his advocate absent. Accused absent, his advocate absent. For argument on interim application at exh.17. Next Purpose: PART HEARD Next Hearing Date: 27-04-2021 Date: 27-04-2021 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: 13-07-2021 Date: 13-07-2021 Business: When matter is called out, Both parties are absent. 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 ) no passed any adverse order. Hence, matter is adjourned. Next Purpose: PART HEARD Next Hearing Date: 29-09-2021 Date: 29-09-2021 Business: When matter is called out. Complainant is absent advocate for the Complainant is absent. Accused is absent advocate for the Accused is absent. Adj for Say on document and Cross examination of the complainant. Next Purpose: PART HEARD Next Hearing Date: 07-12-2021 Date: 07-12-2021 Business: When matter is called out. Complainant is absent advocate for the Complainant is absent. Accused is absent advocate for the Accused is absent. Adj for Say on document and Cross examination of the complainant. 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: 21-07-2022 Date: 21-07-2022 Business: When matter is called out. Complainant is absent advocate for the Complainant is absent. Accused is absent advocate for the Accused is absent. Adj for Say on document and Cross examination of the complainant. Next Purpose: PART HEARD Next Hearing Date: 19-10-2022 Date: 19-10-2022 Business: When matter is called out. Complainant is absent advocate for the Complainant is absent. Accused is absent advocate for the Accused is absent. Adj for Say on document and Cross examination of the complainant. Next Purpose: PART HEARD Next Hearing Date: 27-01-2023 Date: 27-01-2023 Business: When matter is called out. Complainant is absent advocate for the Complainant is absent. Accused is absent advocate for the Accused is absent. Adj for Say on document and Cross examination of the complainant. Next Purpose: PART HEARD Next Hearing Date: 06-07-2023 Date: 06-07-2023 Business: When matter is called out. Complainant is absent advocate for the Complainant is absent. Accused is absent advocate for the Accused is absent. Adj for Say on document and Cross examination of the complainant. Next Purpose: PART HEARD Next Hearing Date: 05-10-2023 Date: 05-10-2023 Business: Order below Exh. 01 Complainant and advocate absent. keep for dismissal on next date. Next Purpose: For Dissmissal Next Hearing Date: 01-12-2023 Date: 01-12-2023 Business: Order below Exh. 01- 1. Complaint is dismissed in default of the complainant vide section 256 of CRPC. 2. Accused is acquitted of the offence punishable u/s 138 of NI act. 3. Bail bond of accused stands cancelled. 4. Order dictated and pronounced in open court. Nature Of Disposal: Dismissed Disposal Date: 01-12-2023
Additional Case Details
Additional Case Details
Filing Number: 1096/2018 Filing Date: 29-01-2018 First Hearing Date: 21st March 2018 Decision Date: 01st December 2023 Court Number And Judge: 58-JUDICIAL MAGISTRATE FIRST CLASS 58TH COURT
Orders
3Final Order 201 Dec 2023
01 Dec 2023
Order Details: Order Below EX 1 Pdf Text: -- 1 of 2 -- -- 2 of 2 --
Interim Order 113 Aug 2019
13 Aug 2019
Order Details: Order Below EX 1 Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE, 58TH COURT, BANDRA, MUMBAI C.C.No.97/SS/2018 ORDER BELOW EXH.17 The complainant filed this application for interim compensation. According to the complainant, accused pleaded not guilty and claimed to be tried. Therefore, he is entitle to get 20% amount as interim compensation. 2. The accused failed to file the say, therefore, the application proceeded without say. On perusal of record it appears that the demand notice is issued on 11.12.2017. It means, the cause of action arise in the month of December, 2017. The amendment to Sec.143-A came into existence on 01.09.2018. It has no any retrospective application. This view is upheld by the Hon'ble Supreme Court in Judgment dated 30.07.2019. Hence, the application is liable to be rejected. Hence, I pass the following order- O R D E R The application is rejected. Mumbai, (P. V. Bulbule.) Dated : 13.08.2019. Metropolitan Magistrate, 58th Court, Bandra, Mumbai. kdc -- 1 of 1 --
Order 113 Aug 2019
13 Aug 2019
Order Details: Order Below EX 1 Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE, 58TH COURT, BANDRA, MUMBAI C.C.No.97/SS/2018 ORDER BELOW EXH.17 The complainant filed this application for interim compensation. According to the complainant, accused pleaded not guilty and claimed to be tried. Therefore, he is entitle to get 20% amount as interim compensation. 2. The accused failed to file the say, therefore, the application proceeded without say. On perusal of record it appears that the demand notice is issued on 11.12.2017. It means, the cause of action arise in the month of December, 2017. The amendment to Sec.143-A came into existence on 01.09.2018. It has no any retrospective application. This view is upheld by the Hon'ble Supreme Court in Judgment dated 30.07.2019. Hence, the application is liable to be rejected. Hence, I pass the following order- O R D E R The application is rejected. Mumbai, (P. V. Bulbule.) Dated : 13.08.2019. Metropolitan Magistrate, 58th Court, Bandra, Mumbai. kdc -- 1 of 1 --
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