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Summons Cases SS - Summons Case SS

Sushil G. HarisinganiVsAhuja Properties and Developers +2 more

CNR MHMM18004723201858-
CASE DISPOSED
Contested--Accused Convicted
Decision Date: 23rd January 2023

TrustJury record updated 24 Sept 2026

Case Overview

Registration Number
386/2018
Registration Date
07 Mar 2018

Advocates

0

No advocate information is available in this record.

Parties

4

Acts & Sections

1
NEGOTIABLE INSTRUMENTS ACT · Sec 138

Case History / Proceedings

Case History
Date: 25-04-2018
Business: When matter is called out
Complainant is present with his advocate
Exh.4 to Exh.6- Complainant is given verification statement, affidavit of evidence and list of document
Adj for Process order
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: 23-07-2018

Date: 23-07-2018
Business: When matter is called out
Complainant is present with his advocate
Heard Argument on process issue order
O/exh.1- issue process against the accused u/s. 138 R/w. 141 the N. I. Act. Summons R/o. 14.08.2018
Next Purpose: NOT HEARD CASES
Next Hearing Date: 14-08-2018

Date: 14-08-2018
Business: When matter is called out
Complainant is absent advocate for complainant is present
Accused is absent advocate for accused is present
Exh.7- Advocate for accused is given vakalatnama
Exh.8- Advocate for accused is given exemption application
application granted only today. The accused should appear for plea and get bail, furnish surety on next date.
Adj for Plea of accused
Next Purpose: NOT HEARD CASES
Next Hearing Date: 28-09-2018

Date: 28-09-2018
Business: When matter is called out
Complainant is absent advocate for complainant is present
Accused and his advocate is present
Exh.9- Advocate for Accused is given bail application
The accused is ordered to be released on bail of Rs.15,000/-. The accused is directed to furnish surety or cash bail on next date.
Exh.10 and Exh.11- Accused nos. 2 and 3 are release on P. R. Bond of Rs. 15,000/-
Exh. 12- Accused nos. 1,2 and 3 are recorded plea
Plead not guilty
Adj for Furnish surety or cash bail of the accused and Say on list of document
Next Purpose: PART HEARD
Next Hearing Date: 15-11-2018

Date: 15-11-2018
Business: When called out complainant present.  Ld. Counsel for complainant present.   Accused absent.  Ld. Counsel for accused present.
Copies of evidence and documents supplied to the accused.
Ld. Counsel for the accused filed application for permission to deposit cash security.   Permission granted.
Accused complied the bail order.
Case is adjourned for say of accused on admission and denial of documents.
Adjourned to
Next Purpose: PART HEARD
Next Hearing Date: 24-12-2018

Date: 24-12-2018
Business: Ld. MM is on leave. Charge with MM, 71st Court.  Board Discharged.  Adjourned to
Next Purpose: PART HEARD
Next Hearing Date: 11-02-2019

Date: 11-02-2019
Business: When called out complainant present advocate absent.
Accused absent advocate present.
Adv for accused filed say on list of documents today.
original documents are exhibited keeping objection for final arguments. Original documents are exhibited viz. Exh. no. 13  to 20 . Case is adjourned for cross of P.W.No. 1. Adjourned to
Next Purpose: PART HEARD
Next Hearing Date: 27-03-2019

Date: 27-03-2019
Business: When matter is called out
Complainant is present advocate for complainant is present
Accused is absent advocate for accused is present
Exh. 21- Advocate for accused is given adjournment application
Last chance is granted
Adj for Cross of P. W. No.1
Next Purpose: PART HEARD
Next Hearing Date: 06-05-2019

Date: 06-05-2019
Business: Ld. M. M. is on summer vacation.
Charge is with M. M. 71st court.
Hence, board is discharged.
Next Purpose: PART HEARD
Next Hearing Date: 14-06-2019

Date: 14-06-2019
Business: When called out complainant present with advocate.
Accused absent advocate present.
For cross of P.W.No.1.
Next Purpose: PART HEARD
Next Hearing Date: 24-07-2019

Date: 24-07-2019
Business: When called out complainant and advocate present.
Accused absent advocate present.
Exh.22.Adv for accused filed adjournment application.
Posted for no cross order.
Next Purpose: PART HEARD
Next Hearing Date: 16-09-2019

Date: 16-09-2019
Business: Board is discharged.
As Ld M.M.is on leave.
Charge is with M.M.12th court.
Adj for.
Next Purpose: PART HEARD
Next Hearing Date: 15-11-2019

Date: 15-11-2019
Business: Board is discharged
As Transfer order of Ld. M.M.
Adj for
Next Purpose: PART HEARD
Next Hearing Date: 02-01-2020

Date: 02-01-2020
Business: When called out complainant and advocate present.
Accused absent advocate present
Adv for accused filed adjournment and exemption application.
Application for adjournment and exemption are rejected.
Adv for complainant filed application for issuance of warrant.
Issue NBW against accused.
For NBW report awaited and cross.
Next Purpose: Awaiting execution of service NBW
Next Hearing Date: 23-01-2020

Date: 23-01-2020
Business: When called out complainant and advocate present.
Accused and advocate present.
Exh.23. Application for cancellation of warrant.
Warrant is canceled subject to penalty of Rs. 1500/- each.
For cross.
Next Purpose: PART HEARD
Next Hearing Date: 27-02-2020

Date: 27-02-2020
Business: When called out complainant and advocate present.
Accused absent advocate present.
For cross.
Next Purpose: PART HEARD
Next Hearing Date: 12-03-2020

Date: 12-03-2020
Business: When called out complainant and advocate present
Accused absent advocate present.
For cross.
Next Purpose: PART HEARD
Next Hearing Date: 23-04-2020

Date: 23-04-2020
Reason For Adjournment: National Lock Down extended up to 3rd May 2020
Next Purpose: PART HEARD
Next Hearing Date: 02-07-2020

Date: 02-07-2020
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: 05-09-2020

Date: 05-09-2020
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: 27-11-2020

Date: 27-11-2020
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: 11-02-2021

Date: 11-02-2021
Business: When matter is called out
Complainant is present with his advocate
Accused are absent. Advocate for accused is present
Exh. 24- Advocate for the accused is given exemption and adjournment application.
Application is rejected.
O/Exh.5- The accused are absent. Witness Ravi Harisingani is present. The advocate Babita Malik is appeared on behalf of the accused but she is not ready to conduct cross examination. Hence, no cross examination by the accused.
Adj for further any other witness of the complainant
Next Purpose: PART HEARD
Next Hearing Date: 03-03-2021

Date: 03-03-2021
Business: When called out, complainant present, his advocate absent.
Accused absent, his advocate present.
Exh.25. Adv for accused filed application for recalling of prosecution witness i.e. Complainants witness u/s. 311 of crpc.
Complainant to say
For say of complainant on application for recalling of prosecution witness at exh 25.
Next Purpose: PART HEARD
Next Hearing Date: 24-05-2021

Date: 24-05-2021
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: 04-08-2021

Date: 04-08-2021
Business: When matter is called out
Complainant is absent advocate for the complainant is present
Accused is absent Advocate for the accused is Present
O/Exh.25- The complainant has no objection to recall the witness. Hence, application is allowed subject to cost of Rs. 200/- payable to complainant.
Adj for Paying cost of Rs.200/- and Cross examination of the P. W. No.1
Next Purpose: PART HEARD
Next Hearing Date: 08-09-2021

Date: 08-09-2021
Business: Ld. M. M. is on leave.
Charge with M. M. 71st Court.
Hence, board is discharged.
Next Purpose: PART HEARD
Next Hearing Date: 30-10-2021

Date: 30-10-2021
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. 26- Advocate for the complainant is given substitution application of Legal Heir Ravi Gopal Harisingani to continue litigation as complainant.
O/Exh.26- The complainant is died on 30.07.2021. The applicant is son of complainant. Hence, substitution is allowed. Complainant to amend the title clause of the complaint.
Adj for Filing affidavit of evidence of Legal Heir.
Next Purpose: PART HEARD
Next Hearing Date: 28-12-2021

Date: 28-12-2021
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 Cross examination of the Complainant.
Next Purpose: PART HEARD
Next Hearing Date: 17-02-2022

Date: 17-02-2022
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 Cross examination of the Complainant.
Next Purpose: PART HEARD
Next Hearing Date: 26-05-2022

Date: 26-05-2022
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 Cross examination of the Complainant.
Next Purpose: PART HEARD
Next Hearing Date: 02-08-2022

Date: 02-08-2022
Business: When matter is called out. Complainant is present. Advocate for the Complainant is present. Accused is absent. Advocate for the Accused is absent. Order below Exh.5. The witness is recalled in view of order below Exh. 25 dated. 4.8.21. The accused and his advocate are absent. Hence cross examination on behalf of accused is closed. Order below Exh. 27. Order passed below Exh. 5 Hence disposed off. Exh. 28 Pursis filed.
Adj for Statement of Accused u/s 313 of Cr. P.C.
Next Purpose: Statement in 1st Session
Next Hearing Date: 23-09-2022

Date: 23-09-2022
Business: When matter is called out. Complainant is present. Advocate for the Complainant is present. Accused absent Advocate for the Accused is absent.
Order passed below Exh. 1.
The accused are absent case is summary trial. Hence statement u/s 313 of CRPC is dispensed with.
Adj for  Defence evidence of the accused.
Next Purpose: PART HEARD
Next Hearing Date: 12-10-2022

Date: 12-10-2022
Business: Ld M.M. is on leave. Hence Board is discharge. Charge with Ld MM 12th court. Adj for
Next Purpose: PART HEARD
Next Hearing Date: 20-12-2022

Date: 20-12-2022
Business: When matter is called out. Complainant is present. Advocate for the Complainant is present. Accused is absent. Advocate for the Accused is absent.  Order below
Exh. 01 O/- accused is absent. Hence defence evidence is closed.
Adj for final argument.
Next Purpose: For Final Argument
Next Hearing Date: 06-01-2023

Date: 06-01-2023
Business: Ld. MM is on leave charge with Ld MM 12th court,
Hence Board is discharged
adj for
Next Purpose: For Final Argument
Next Hearing Date: 23-01-2023

Date: 23-01-2023
Business: Exh. 29- Judgment. accused are 1. Ahuja Properties and developers. 2. Jagdish Ahuja. 3. Gautam Ahuja are convicted for the offence punishable u/sec. 138 NI act, 1881 in view of the section 255(2) of the criminal procedure code.
Accused No. 2 and 3 they shall suffer rigorous imprisonment for 1 months and Accused No. 1 to 3 they shall pay the fine of Rs. 1250000/- in default of payment of fine.
Accused No. 2 and 3 they shall suffer simple imprisonment for 3 months.
The compensation of Rs. 1200000/- is awarded to the complainant out of the fine.
The accused shall surrender his bail bond.
The original documents filed by complainant be returned to him after the appeal period.
Issue non bailable warrant against the accused for execution of sentence.
The copy of Judgment be delivered to the accused free of cost.
(judgment is dictated and pronounced in the open court.)
Nature Of Disposal: Accused Convicted
Disposal Date: 23-01-2023

Additional Case Details

Additional Case Details
Filing Number: 2475/2018
Filing Date: 07-03-2018
First Hearing Date: 25th April 2018
Decision Date: 23rd January 2023
Court Number And Judge: 58-

Orders

1
Final Order 1Full order available
23 Jan 2023

Order Details: Copy of Judgment Pdf Text: ...1... ककेस क्र मममांक ३८६ /एस.एस./२०१८ ...न् यमयननिर र य... एम.एच.एम.एम.१८००४७२३२०१८ दमखल नदनिममांक : ०७.०३.२०१८ ननिकमल नदनिममांक : २३.०१.२०२३ कमलमवधध : ०४ वरर १० मनहिनिके २७ नदवस महिमनिगर दमांडमधधकमरध, ५८ वके न् यमयमलय , बममांदम, मममांबई. (पधठमसधनि अधधकमरध शध. मम.यके.वमघ) (सध.एनि. आर.क्र . :- एम.एच.एम.एम.१८००४७२३२०१८) (न् यमयननिर र य फफौजदमरध प्र नक्रयम समां नहितम कलम ३५५ अन्वयके ) ननिशमरध क्र .२९ न् यमयननिर र य (नदनिममांक २३.०१.२०२३) अ) ककेस क्र . : ३८६/एस.एस./२०१८…

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