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Summons Cases SS - Summons Case SS

BHARAT PUNJABIVsALI MOHD AZIZ MADNI

CNR MHMM18004997201858-JUDICIAL MAGISTRATE FIRST CLASS 58TH COURT
CASE DISPOSED
Contested--Withdraw after Filing Affidavit
Decision Date: 22nd October 2024

TrustJury record updated 24 Sept 2026

Case Overview

Registration Number
960/2018
Registration Date
20 Apr 2018

Advocates

0

No advocate information is available in this record.

Parties

2

Petitioner

  1. 1BHARAT PUNJABI

Acts & Sections

1
NEGOTIABLE INSTRUMENTS ACT · Sec 138

Case History / Proceedings

Case History
Date: 21-07-2018
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
Heard Argument of process order
O/exh.1- issue process against the accused u/s. 138 the N. I. Act. Summons R/o. 27.08.2018
Next Purpose: NOT HEARD CASES
Next Hearing Date: 27-08-2018

Date: 27-08-2018
Business: When matter is called out
Complainant is absent advocate for complainant is present
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: 06-10-2018

Date: 06-10-2018
Business: When matter is called out
Complainant is present with his advocate
Accused is absent advocate for accused is present
Exh.8- Advocate for accused is given vakalatnama
Filed
Exh.9- Advocate for accused is given exemption application
The accused should furnish bail and recorded plea
Adj for plea of accused
Next Purpose: NOT HEARD CASES
Next Hearing Date: 19-11-2018

Date: 19-11-2018
Business: When matter is called out
Complainant is absent advocate for complainant is present
Accused and his advocate is absent
Exh.10- Advocate for complainant is given warrant application
Issue Non-bailable warrant against the accused as pray
Adj for warrant report
Next Purpose: NOT HEARD CASES
Next Hearing Date: 27-11-2018

Date: 27-11-2018
Business: Case taken on board.
Accused present with Advocate.
Exh. 11 - Vakalatpartra on behalf of accused.
Exh. 12 - Application for cancellation of warrant.
Warrant cancelled subject to penalty of Rs. 5000/-.
Exh. 13 - Application for Bail.
Accused is ordered to be released on PB and SB of Rs. 15000/- or cash security of like amount.
Bail order complied by accused.
Exh. 14 - Plea of accused Mr. Ali Mohd. Aziz Madni.
Accused pleaded not guilty.
Case is adjourned to it prefixed date.
Adjourned to
Next Purpose: PART HEARD
Next Hearing Date: 26-12-2018

Date: 26-12-2018
Business: When called out complainant present. Ld. Counsel for complainant present.  Accused present.  Ld. Counsel for accused present.
Copy of complaint, evidence and documents are supplied to the accused.
Case is adjourned for say of accused on admission and denial of documents.
Adjourned to
Next Purpose: PART HEARD
Next Hearing Date: 06-02-2019

Date: 06-02-2019
Business: When called out complainant present advocate absent.
Accused absent advocate present.
Warrant report executed.
Accused exempted.
Exh. 15. Adv for accused filed adjournment application.
Granted as last chance.
For say of accused on list of document.
Next Purpose: PART HEARD
Next Hearing Date: 20-03-2019

Date: 20-03-2019
Business: When called out complainant present with advocate.
Accused and advocate absent.
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.  16 to 24. Case is adjourned for cross of P.W.No. 1.
For cross.
Next Purpose: PART HEARD
Next Hearing Date: 04-05-2019

Date: 04-05-2019
Business: Board is discharged.
As ld.M.M.is on summer vacation.
Charge is with A.C.M.M.9th court.
Adj for.
Next Purpose: PART HEARD
Next Hearing Date: 18-06-2019

Date: 18-06-2019
Business: When called out complainant present with advocate.
Accused and advocate absent.
Today order passed on exh.1.
The accused is absent P.W.No.1 is present. Hence cross is closed.
Exh.16. Adv for complainant filed pursis for does not want to examine any further witness.
For 313.
Next Purpose: Statement in 1st Session
Next Hearing Date: 30-07-2019

Date: 30-07-2019
Business: When called out complainant present with advocate.
Accused and advocate absent.
Today order passed on exh.1.
The accused is absent.. Statement u/s. 313 crpc dispensed.
For defence evidence.
Next Purpose: PART  HEARD AT  2.45P.M.
Next Hearing Date: 07-09-2019

Date: 07-09-2019
Business: Ld, MM is on leave.
Hence board is discharged.
Next Purpose: PART  HEARD AT  2.45P.M.
Next Hearing Date: 23-10-2019

Date: 23-10-2019
Business: When called out complainant absent advocate present.
Accused present advocate absent.
For defence evidence.
Next Purpose: PART  HEARD AT  2.45P.M.
Next Hearing Date: 11-12-2019

Date: 11-12-2019
Business: When called out complainant and advocate present.
Accused absent advocate present.
for defence evidence.
Next Purpose: PART HEARD
Next Hearing Date: 27-01-2020

Date: 27-01-2020
Business: When called out complainant absent. advocate present.
Accused absent advocate present.
Board is discharged.
As Ld M.M.is on leave.
Charged is with A.C.M.M.9th court.
For defence evidence.
Next Purpose: PART HEARD
Next Hearing Date: 18-03-2020

Date: 18-03-2020
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: 09-07-2020

Date: 09-07-2020
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: 25-09-2020

Date: 25-09-2020
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: 18-12-2020

Date: 18-12-2020
Business: Board is discharged.
As Ld M.M.is on leave.
Charge is with Ld. M.M.12th court.
Adj for.
Next Purpose: PART HEARD
Next Hearing Date: 05-03-2021

Date: 05-03-2021
Business: When called out, complainant present, his advocate present.
Accused absent, his advocate present.
Exh.17. Adv for accused filed V.P today.
Exh.18. Applicaiton for exemption of accsued.
Granted for today only.
Exh.19. Adv for accused filed application for recalling of witness u/s. 311 of crpc.
Complainant to say.
Exh.20. Information regarding mediation.
Exh.21. Refferal order.
For mediation report and say of complainant on recalling of witness u/s 311at exh. 19
Next Purpose: PART HEARD
Next Hearing Date: 19-05-2021

Date: 19-05-2021
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: 09-07-2021

Date: 09-07-2021
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: 27-09-2021

Date: 27-09-2021
Business: When matter is called out.
Complainant is absent advocate for the Complainant is present.
Accused is absent Advocate for the Accused is present.
Adj for Say on Exh.19 application u/s. 311 of Cr. P. C.
Next Purpose: PART HEARD
Next Hearing Date: 24-11-2021

Date: 24-11-2021
Business: Ld. M.M. is on leave. charge with Ld. M.M. 9th court. Hence Board is discharged.
Next Purpose: PART HEARD
Next Hearing Date: 24-01-2022

Date: 24-01-2022
Business: As per direction of SOP issued by Honable H.C. and Honable CMM mumbai . Office order No. Estt- 16/26/2022. dt. 7.1.22. Hence case is adj.
Next Purpose: PART HEARD
Next Hearing Date: 15-03-2022

Date: 15-03-2022
Business: When matter is called out. Complainant is absent advocate for the Complainant is present. Accused is absent Advocate for the Accused is present. today Exh. 19 application  is allowed.
Adj for argument
Next Purpose: PART HEARD
Next Hearing Date: 14-06-2022

Date: 14-06-2022
Business: When matter is called out. Complainant is absent advocate for the Complainant is present. Accused is present Advocate for the Accused is present.
Adj for argument.
Next Purpose: PART HEARD
Next Hearing Date: 07-10-2022

Date: 07-10-2022
Business: When matter is called out. Complainant is present advocate for the Complainant is present. Accused is absent Advocate for the Accused is present. Advocate for accused is given application for exemption. Granted subjected to cost of Rs. 500/-. Adj for
Next Purpose: PART HEARD
Next Hearing Date: 19-12-2022

Date: 19-12-2022
Business: When matter is called out. Complainant is present advocate for the Complainant is present. Accused is absent Advocate for the Accused is present.
Adj for cross examination of the complainant
Next Purpose: PART HEARD
Next Hearing Date: 13-02-2023

Date: 13-02-2023
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 cross examination of the complainant
Next Purpose: PART HEARD
Next Hearing Date: 01-06-2023

Date: 01-06-2023
Business: Ld.58 M.M. transferred. Hence board is discharged. Charge with M.M. 12th court.
Next Purpose: PART HEARD
Next Hearing Date: 24-07-2023

Date: 24-07-2023
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: 19-10-2023

Date: 19-10-2023
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. 26 application for exemption.granted.
Adj for cross examination of the complainant
Next Purpose: PART HEARD
Next Hearing Date: 13-12-2023

Date: 13-12-2023
Business: When matter is called out. Complainant is present advocate for the Complainant is absent. Accused is present Advocate for the Accused is absent. Application for adjournment by Adv for accused. O/- Granted. Adj for cross examination of the complainant
Next Purpose: PART HEARD
Next Hearing Date: 01-03-2024

Date: 01-03-2024
Business: When matter is called out. Complainant is present advocate for the Complainant is present. Accused is absent Advocate for the Accused is present. Application for exemption of accused. O/- Granted as a last chance. O/- Application for issuance of NBW. O/- Keep for order. Adj for cross examination of 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 present Advocate for the Accused is present. Exh.27 Advocate for accused filed consent term. O/- Seen and filed. Adj for cross examination of complainant.
Next Purpose: PART HEARD
Next Hearing Date: 20-05-2024

Date: 20-05-2024
Business: Board Discharged due to Election Holiday.
Adj for.
Next Purpose: PART HEARD
Next Hearing Date: 22-06-2024

Date: 22-06-2024
Business: When matter is called out. Complainant absent his advocate absent. Accused absent and his advocate present. Adj for Cross examination of the complainant.
Next Purpose: PART HEARD
Next Hearing Date: 26-07-2024

Date: 26-07-2024
Business: When matter is called out. Complainant is absent advocate for the Complainant is present. Accused is absent Advocate for the Accused is present. Adj for cross examination of the complainant.
Next Purpose: PART HEARD
Next Hearing Date: 22-10-2024

Date: 22-10-2024
Business: Order below Exh. 01-
    1. The complaint stands dismissed as withdrawn.
    2. The accused is acquitted of the offense punishable u/s. 138 of the NI act.
    3. Order dictated and pronounced in open court.
Nature Of Disposal: Withdraw after Filing Affidavit
Disposal Date: 22-10-2024

Additional Case Details

Additional Case Details
Filing Number: 4032/2018
Filing Date: 20-04-2018
First Hearing Date: 21st July 2018
Decision Date: 22nd October 2024
Court Number And Judge: 58-JUDICIAL MAGISTRATE FIRST CLASS 58TH COURT

Orders

1
Final Order 1
22 Oct 2024
Order Details: Order Below EX 1
Pdf Text: MHMM180049972018
Summons Cases SS/960/2018
BHARAT PUNJABI Vs. ALI MOHD AZIZ MADNI
IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS, 58TH
COURT, BANDRA, MUMBAI
ORDER BELOW EXH.01
Complainant and advocate present. The complainant is not
ready and willing to proceed with the case. The case is part heard.
Both parties have settled the dispute amicably out of court.
Accordingly, complainant has filed application at Exh.28 for
withdrawal of the complaint. Hence, I pass following order.
ORDER
1. Complaint stands dismissed as withdrawn.
2. The accused is acquitted of the offence punishable
u/sec.138 of The Negotiable Instrument Act.
3. Order dictated and pronounced in open court.
( M. P. Saraf )
Judicial Magistrate(First Class),
Date : 22.10.2024 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 : 22.10.2024.
Transcribed and Typed on : 22.10.2024.
Order printed and Signed on : 22.10.2024.
Order Uploaded on : 22.10.2024.
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