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Summons Cases SS - Summons Case SS

FARIDA BEGUM SHAIKHVsYASMIN NOOR KHAN

CNR MHMM18004440201858-JUDICIAL MAGISTRATE FIRST CLASS 58TH COURT
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

0

No advocate information is available in this record.

Parties

2

Acts & Sections

1
NEGOTIABLE 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

3
Final Order 2
01 Dec 2023
Order Details: Order Below EX 1
Pdf Text: -- 1 of 2 --
-- 2 of 2 --
Interim Order 1
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 1
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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