Order Details: Copy of Judgment Pdf Text: MHMM180059532021 Received On : 26.10.2021 Registered on : 26.10.2021 Decided on : 06.01.2026 Duration : 04 Y 02 M 11 D Part ‘A’ (Para 44(i) of Chapter VI of Criminal Manual) IN THE COURT OF JUDICIAL MAGISTRATE, FIRST CLASS, 58TH COURT, BANDRA, MUMBAI (Presided over by : Mahesh Prabhakar Saraf) Summons Case No.5800762/SS/2021 JUDGMENT Exh.33 (Delivered on 6th day of January, 2026) Prosecution/ Complainant : Santosh Satyadev Phatak Age : 49 years, Occ.…
Santosh Satyadev PhatakVsDominic Silvestser Dcosta
TrustJury record updated 28 Sept 2026
Case Overview
- Registration Number
- 5800762/2021
- Registration Date
- 28 Oct 2021
Advocates
1For Petitioner
For Respondent
Not available
Parties
2Petitioner
Respondent
Acts & Sections
1Case History / Proceedings
Case History
Date: 09-12-2021 Business: when matter is call out complainant absent. advocate for complainant present. accused absent. advocate for accused present. advocate for the complainant is given application for paying court fees. O/- J.C to verify and deface. adj for deface challan. Next Purpose: For Court Fee Next Hearing Date: 07-02-2022 Date: 07-02-2022 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: For Court Fee Next Hearing Date: 05-05-2022 Date: 05-05-2022 Business: When matter is called out Complainant and his advocate is present Exh. 6- Complainant is given verification statement Read and recorded O/Exh.1- Issue process against all accused u/s. 138 of the Negotiable Instrument Act Adj for summons report Next Purpose: Awaiting services of notice / summons Next Hearing Date: 22-07-2022 Date: 22-07-2022 Business: When called out. complainant present and his advocate present. accused absent his advocate absent. Exh.8- application for issuance of warrant against accused. O/- Issue B/W of Rs. 15000/-. Adj for warrant report. Next Purpose: Awaiting execution of Service Summons/BW Next Hearing Date: 04-11-2022 Date: 04-11-2022 Business: When called out. complainant absent and his advocate present. accused absent his advocate absent. Adj for warrant report. Next Purpose: Awaiting execution of Service Summons/BW Next Hearing Date: 06-02-2023 Date: 06-02-2023 Business: When called out. complainant absent and his advocate present. accused absent his advocate absent. application for Bailable warrant against accused O/Exh 09 issue bailable warrant of R. 15000/- Adj for warrant report. Next Purpose: Awaiting execution of Service Summons/BW Next Hearing Date: 07-08-2023 Date: 07-08-2023 Business: When matter is called out complianant is present his advcoate is present.Accused present with advocate. .Application for Bail O/Exh -10. Accused is released on P.B. and S.B. of Rs.10000 for Cash bail is allowed on address proof. Applicatioon for PR Bond O/Exh - 11 Accused is provisionally released on P.B. for Rs.10000 till next date.Exh-12 PR Bond of Rs.10000 /- O/Exh - 13 Plea of the accused is recorded today. Adj for filing of affidavit of Evidence. Next Purpose: FOR HEARING Next Hearing Date: 07-11-2023 Date: 07-11-2023 Business: When matter is called out complainant is absent his advocate is present. Accused absent and his advocate absent. Adj for filing of affidavit of Evidence. Next Purpose: FOR HEARING Next Hearing Date: 16-02-2024 Date: 16-02-2024 Business: When matter is called out complainant is present his advocate is present. Accused absent and his advocate absent. Exh.14 Examination in chief of the complainant U/sec 145 (1). O/- Read and recorded. Exh. 15 Original List of document. O/- Filed. Exh. 16 to Exh. 27 original documents exhibited today. Adj for cash bail of accused and cross examination of complainant. Next Purpose: FOR HEARING Next Hearing Date: 20-03-2024 Date: 20-03-2024 Business: L.d. M.M. is on leave. Hence, Board is discharged. Charge with M.M. 71st court. Next Purpose: FOR HEARING Next Hearing Date: 13-05-2024 Date: 13-05-2024 Business: L.d M.M is on vacation leave. Board is discharged. Hence charge with Ld. ACMM 9th Court. Next Purpose: FOR HEARING 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 absent. Adj for Filling affidavit of evidence. Next Purpose: FOR HEARING Next Hearing Date: 08-10-2024 Date: 08-10-2024 Business: when called out complainant present and his advocate present. accused absent and his advocate absent. Adj for filling affidavit of evidence. Next Purpose: FOR HEARING Next Hearing Date: 08-01-2025 Date: 08-01-2025 Business: Ld. J.M.F.C is on leave. Hence Board is discharged. Charge with JMFC 71st Court. Next Purpose: FOR HEARING Next Hearing Date: 07-03-2025 Date: 07-03-2025 Business: when called out complainant present and his advocate present. accused absent and his advocate absent. Exh. 28 application for passing no cross order. application allowed. no cross by the accused. Exh. 29 pursis for closing evidence. read and record. Adj for Statement of the accused u/s 313 of CRPC. Next Purpose: For Examination of Accused U/sec. 313 CrPC Next Hearing Date: 13-05-2025 Date: 13-05-2025 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: 03-07-2025 Date: 03-07-2025 Business: when called out complainant absent and his advocate present. accused absent and his advocate absent. Exh. 30 application to proceed in the absence of the accused. application allowed. Order below Exh. 01. Hence statement of accused u/s 313 of CRPC code stands dispensed with. Issue NBW against accused. Exh. 31 application for issuance of warrant. Allowed. adj for Final argument. Next Purpose: For Final Argument Next Hearing Date: 09-09-2025 Date: 09-09-2025 Business: When matter is called out. Complainant present his advocate present. Accused absent and his advocate absent. Exh. 32 Memorandum of written submission on behalf of the complainant. seen and filed. adj for final argument. Next Purpose: For Final Argument Next Hearing Date: 28-10-2025 Date: 28-10-2025 Business: When matter is called out. Complainant present his advocate absent. Accused absent and his advocate absent. adj for final argument. Next Purpose: For Final Argument Next Hearing Date: 10-12-2025 Date: 10-12-2025 Business: When matter is called out. Complainant present his advocate present. Accused absent and his advocate absent. Order below Exh. 01. 1. Issue standing NBW against the accused to be served through concerned local police station. 2. Bail bond of the accused stands cancelled. 3. Right of accused to advance final arguments stands closed. 4. Matter be posted for Judgment. 5. Order dictated and pronounced in open court. 6. Order be uploaded on court web portal. adj for final order. Next Purpose: FOR JUDGMENT Next Hearing Date: 06-01-2026 Date: 06-01-2026 Business: called on today complainant present and his advocate present. accused absent and his advocate absent. Exh. 33 ORDER 1. Accused Dominic Silvestser D Costa, R/o Malwani Malad (W) is held guilty vide section 255(2) r/W 353(6) of the CRPC and section 278 (2) r/w 392 (6) of the Bhartiya Nagarik Suraksha Sanhita 2023 for the offence punishable under section 138 of the Negotiable Instruments Act, 1881 and he is sentenced to undergo simple imprisonment for 01 (One) year and to pay fine of Rs.26,44,000/- in default of payment of fine to suffer further simple imprisonment for (3) three month. 2.If fine is paid the same be given to the complainant as compensation u/s 357(1)(b) of the Bhartiya Nagarik Suraksha Sanhita, 2023. 3.The bail bond. of accused stands cancelled as forfeited. 4. Issue warrant for arrest u/s 418 (2 of code of CRPC 458(2) of the Bhartiya Nagarik Suraksha Sanhita, 2023. against the accused for the purpose of forwarding him to the jail. 5. The copy of Judgment be supplied to the accused free of cost. (Judgment is dictated and pronounced in the open Court) Nature Of Disposal: Accused Convicted Disposal Date: 06-01-2026
Additional Case Details
Additional Case Details
Filing Number: 7009013/2021 Filing Date: 26-10-2021 First Hearing Date: 09th December 2021 Decision Date: 06th January 2026 Court Number And Judge: 58-JUDICIAL MAGISTRATE FIRST CLASS 58TH COURT
Orders
7Order Details: Order Below EX 1 Pdf Text: MHMM180059532021 Summons Cases SS/5800762/2021 Santosh Satyadev Phatak Vs. Dominic Silvestser Dcosta IN THE COURT OF JUDICIAL MAGISTRATE(FIRST CLASS), 58TH COURT, BANDRA, MUMBAI ORDER BELOW EXH.01 Complainant and advocate present. Accused and his advocate are absent since last so many days. Accused and his advocate even has failed to exercise right of cross examination. Complainant has filed written notes of arguments on 09.09.2025 and already warrant is pending against the accused. 2. From…
Interim Order 203 Jul 2025
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Interim Order 107 Mar 2025
Order Details: Order Below EX 1 Pdf Text: -- 1 of 1 --
Order Details: Order Below EX 1 Pdf Text: MHMM180059532021 Summons Cases SS/5800762/2021 Santosh Satyadev Phatak Vs. Dominic Silvestser Dcosta IN THE COURT OF JUDICIAL MAGISTRATE(FIRST CLASS), 58TH COURT, BANDRA, MUMBAI ORDER BELOW EXH.01 Complainant and advocate present. Accused and his advocate are absent since last so many days. Accused and his advocate even has failed to exercise right of cross examination. Complainant has filed written notes of arguments on 09.09.2025 and already warrant is pending against the accused. 2. From…
Order 203 Jul 2025
Order Details: Order Below EX 1 Pdf Text: -- 1 of 1 --
Order 107 Mar 2025
Order Details: Order Below EX 1 Pdf Text: -- 1 of 1 --
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