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Summons Cases SS - Summons Case SS

Santosh Satyadev PhatakVsDominic Silvestser Dcosta

CNR MHMM18005953202158-JUDICIAL MAGISTRATE FIRST CLASS 58TH COURT
CASE DISPOSED
Contested--Accused Convicted
Decision Date: 06th January 2026

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number
5800762/2021
Registration Date
28 Oct 2021

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    NEGOTIABLE INSTRUMENTS ACT · Sec 138

    Case 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

    7
    Final Order 4Full order available
    06 Jan 2026

    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.…

    Read Full Order
    Interim Order 3Full order available
    10 Dec 2025

    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…

    Read Full Order
    Interim Order 2
    03 Jul 2025
    Order Details: Order Below EX 1
    Pdf Text: -- 1 of 1 --
    Interim Order 1
    07 Mar 2025
    Order Details: Order Below EX 1
    Pdf Text: -- 1 of 1 --
    Order 3Full order available
    10 Dec 2025

    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…

    Read Full Order
    Order 2
    03 Jul 2025
    Order Details: Order Below EX 1
    Pdf Text: -- 1 of 1 --
    Order 1
    07 Mar 2025
    Order Details: Order Below EX 1
    Pdf Text: -- 1 of 1 --

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