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Summons Cases SS - Summons Case SS

M/S TOYS INDIA PVT LTDVsM/S ONLY KIDS IMPEX PVT. LTD. +4 more

CNR MHMM18006107201858-JUDICIAL MAGISTRATE FIRST CLASS 58TH COURT
CASE DISPOSED
Uncontested--Compound by Lok Nyayalaya
Decision Date: 28th September 2024

TrustJury record updated 25 Sept 2026

Case Overview

Registration Number
1031/2018
Registration Date
08 May 2018

Advocates

1

For Petitioner

    Not available

    For Respondent

    Parties

    6

    Acts & Sections

    1
    NEGOTIABLE INSTRUMENTS ACT · Sec 138

    Case History / Proceedings

    Case History
    Date: 25-06-2018
    Business: When matter is called out
    Complainant is present with his advocate
    Exh.5 to Exh.7- - Complainant is given verification statement, Affidavit of evidence and list of document
    Adj for Argument on Process Order
    Next Purpose: NOT HEARD CASES
    Next Hearing Date: 06-08-2018
    
    Date: 06-08-2018
    Business: When matter is called out
    Complainant is absent advocate for complainant is present
    Adj for ROC Certificate
    Next Purpose: NOT HEARD CASES
    Next Hearing Date: 25-09-2018
    
    Date: 25-09-2018
    Business: When matter is called out
    Complainant is absent advocate for complainant is present
    Exh.8- Advocate for complainant is given application for production of ROC certificate
    O/exh.1- issue process against the accused under section 138 R/w. 141 of the Negotiable Instrument Act. Summons returnable on 28.11.2018
    Next Purpose: NOT HEARD CASES
    Next Hearing Date: 28-11-2018
    
    Date: 28-11-2018
    Business: When matter is called out
    Complainant is absent advocate for complainant is present
    Accused Nos. 4 and 5 are present and his advocate is present
    Exh.9- Advocate for accused Nos. 2 and 3 are given vakalatnama
    Filed
    Exh.10- Advocate for accused Nos. 2 and 3 are given exemption application
    The accused is furnish bail and recorded plea
    Exh.11- Advocate for accused Nos. 4 and 5 are given vakalatnama
    filed
    Exh.12- Advocate for accused Nos. 4 and 5 are given bail application
    The accused Nos.4 and 5 are ordered to be release on bail of Rs.15,000/- with one surety or cash bail of like amount
    Exh.13 to Exh.16- The accused Nos. 4 and 5 are release on P. R. Bond and Cash Bond of Rs. 15,000/-
    Exh.17- The accused Nos. 4 and 5 are recorded plea
    Plead not guilty
    Adj for Plea of Accused Nos. 1,2 and 3
    Next Purpose: FOR HEARING
    Next Hearing Date: 31-01-2019
    
    Date: 31-01-2019
    Business: When called out complainant present with advocate.
    All accused are absent.
    Accused no 4 and 5 exempted.
    Accused no 2 and 3 advocate present
    Application for exemption of accused no 2 and 3..
    Plea be recorded.
    Exh 18. Plea of accused no 1 to 3 recorded today through advocate.
    For evidence.
    Next Purpose: FOR HEARING AT 2.45 P.M.
    Next Hearing Date: 19-03-2019
    
    Date: 19-03-2019
    Business: When called out complainant present with advocate.
    Accused no 4 and 5 present with advocate.
    Other accused are absent.
    Today order passed on exh. 1.
    Hence cross is closed for accused no 2 and 3.
    For evidence.
    Next Purpose: FOR HEARING AT 2.45 P.M.
    Next Hearing Date: 24-04-2019
    
    Date: 24-04-2019
    Business: When called out complainant present with advocate.
    Accused no 4 absent exempted.
    Accused no 5 present with advocate.
    Cross exam of P.W.No.1 Mr. Manoj Kumar on behalf of the accused No. 4 and 5 by advocate Mr. Kiran Mhatre.
    Cross exam is over.
    No re exam.
    for further evidence.
    Next Purpose: FOR HEARING AT 2.45 P.M.
    Next Hearing Date: 28-05-2019
    
    Date: 28-05-2019
    Business: Board is discharged.
    As do to flooring work in court hall.
    Adj for.
    Next Purpose: FOR HEARING AT 2.45 P.M.
    Next Hearing Date: 02-07-2019
    
    Date: 02-07-2019
    Business: Board is discharged
    as due to heavy rain.
    Adj for
    Next Purpose: FOR HEARING AT 2.45 P.M.
    Next Hearing Date: 21-08-2019
    
    Date: 21-08-2019
    Business: When called out complainant and advocate absent.
    Accused and advocate absent.
    Cross over further evidence.
    Next Purpose: PART  HEARD AT  2.45P.M.
    Next Hearing Date: 09-10-2019
    
    Date: 09-10-2019
    Business: When called out complainant and advocate absent.
    Accused absent advocate present.
    For further any other of witness.
    Next Purpose: PART  HEARD AT  2.45P.M.
    Next Hearing Date: 20-11-2019
    
    Date: 20-11-2019
    Business: When called out complainant absent advocate present.
    Accused no. 4 and 5 present advocate absent.
    for further any other witness.
    Next Purpose: PART  HEARD AT  2.45P.M.
    Next Hearing Date: 20-01-2020
    
    Date: 20-01-2020
    Business: When called out complainant absent. advocate present.
    Accused absent. advocate present.
    Exh.20. V.P.filed today.
    For any other witness.
    Next Purpose: PART HEARD
    Next Hearing Date: 27-03-2020
    
    Date: 27-03-2020
    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: 24-06-2020
    
    Date: 24-06-2020
    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: 16-09-2020
    
    Date: 16-09-2020
    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: 09-12-2020
    
    Date: 09-12-2020
    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: 24-02-2021
    
    Date: 24-02-2021
    Business: When called out, complainant absent, his advocate absent.
    Accused absent, his advocate present.
    For any other witness.
    Next Purpose: PART HEARD
    Next Hearing Date: 20-04-2021
    
    Date: 20-04-2021
    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: 07-07-2021
    
    Date: 07-07-2021
    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: 23-09-2021
    
    Date: 23-09-2021
    Business: When matter is called out Complainant is absent. Advocate for complainant is present. Accused absent and advocate for accused is present. Adj for
    Next Purpose: PART HEARD
    Next Hearing Date: 02-12-2021
    
    Date: 02-12-2021
    Business: When matter is called out Complainant is absent. Advocate for complainant is present. Accused absent and advocate for accused is present.  Exh. 26  advocate for pursis. filed  accused no. 2 and 3 no cross order passed and accused no. 4 and 5  cross is closed. advocate for complainant filed pursis for closing the evidence. Adj for  statement of accused u/sec. 313 of Cr. P.C.
    Next Purpose: Statement in 1st Session
    Next Hearing Date: 12-01-2022
    
    Date: 12-01-2022
    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.
    No order due to SOP for covide. Hence case is adj.
    Next Purpose: Statement in 1st Session
    Next Hearing Date: 23-03-2022
    
    Date: 23-03-2022
    Business: When matter is called out Complainant is absent. Advocate for complainant is present. Accused 2 and 3 and advocate for accused is present.
    Adj for statement of accused u/sec. 313 of Cr. P.C.
    Next Purpose: Statement in 1st Session
    Next Hearing Date: 21-06-2022
    
    Date: 21-06-2022
    Business: When matter is called out Complainant is present. Advocate for complainant is present. Accused 2 and 3 and advocate for accused is present. Exh. 27 Advocate for accused filed application for U/s of Cr.P.C. Accused to say. Matter is sent for mediation. Adj for mediation report
    Next Purpose: Statement in 1st Session
    Next Hearing Date: 31-10-2022
    
    Date: 31-10-2022
    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 Say on Exh.27 of the complainant.
    Next Purpose: Statement in 1st Session
    Next Hearing Date: 23-12-2022
    
    Date: 23-12-2022
    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 Say on Exh.27 of the complainant.
    Next Purpose: Statement in 1st Session
    Next Hearing Date: 13-03-2023
    
    Date: 13-03-2023
    Business: When matter is called out. Complainant is absent. Advocate for the Complainant is Present. Accused is absent. Advocate for the Accused is Present .
    Order below Exh. 27-  Application at
    Exh. 27 is allowed subject to the cost of Rs. 5000/- payable to the complainant.
    Adj for Statement of the accused u/s 313 of CRPC.
    Next Purpose: Statement in 1st Session
    Next Hearing Date: 12-06-2023
    
    Date: 12-06-2023
    Business: When matter is called out. Complainant is absent. Advocate for the Complainant is Present. Accused is absent. Advocate for the Accused is Present . Exh. 30 application for exemption. granted.
    Adj for Statement of the accused u/s 313 of CRPC.
    Next Purpose: Statement in 1st Session
    Next Hearing Date: 21-07-2023
    
    Date: 21-07-2023
    Business: When matter is called out. Complainant is absent. Advocate for the Complainant is Present. Accused is absent. Advocate for the Accused is Present . Exh. 31 application for exemption. granted. Adj for Statement of the accused u/s 313 of CRPC.
    Next Purpose: Statement in 1st Session
    Next Hearing Date: 06-09-2023
    
    Date: 06-09-2023
    Business: called on today. complainant absent advocate present accused absent. exemption granted as complainant absent to face cross examination after recall of witness by accused no. 2 and 3. adj for
    Next Purpose: PART HEARD
    Next Hearing Date: 23-10-2023
    
    Date: 23-10-2023
    Business: Ld. MM.is on leave charge with Ld MM. 71st court. Hence board is discharged.
    Adj for
    Next Purpose: PART HEARD
    Next Hearing Date: 24-11-2023
    
    Date: 24-11-2023
    Business: Ld. M.M. is on leave.
    Hence board is discharged.
    Adj to
    Next Purpose: PART HEARD
    Next Hearing Date: 24-01-2024
    
    Date: 24-01-2024
    Business: called on today. complainant absent and his advocate present accused absent and his advocate present. Exh. 33 application for exemption. granted.
    Adj for Cross examination of the complainant.
    Next Purpose: PART HEARD
    Next Hearing Date: 04-03-2024
    
    Date: 04-03-2024
    Business: called on today. complainant present and his advocate present accused absent and  advocate for accused 2 and 3 is present. application for exemption of accused no. 2 and 3. granted. Adj for Cross examination of the complainant.
    Next Purpose: PART HEARD
    Next Hearing Date: 10-06-2024
    
    Date: 10-06-2024
    Business: Ld M.M. is on leave charge with Ld. M.M. 71st court,
    Hence board is discharge.
    adj for
    Next Purpose: LOK NYAYALAYA
    Next Hearing Date: 27-07-2024
    
    Date: 27-07-2024
    Business: when called out complainant absent and his advocate absent. not settled before lokadalat. adj for.
    Next Purpose: For Dissmissal
    Next Hearing Date: 28-09-2024
    
    Date: 28-09-2024
    Business: Order below Exh. 01
    The complainant  and the accused have settled the dispute and withdrawn the matter before National Lok Adalat.
    The case is withdrawn and accused is acquitted. Process of warrant if any be recalled. Court fees be refunded to complainant as per rule.
    Nature Of Disposal: Compound by Lok Nyayalaya
    Disposal Date: 28-09-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 4445/2018
    Filing Date: 08-05-2018
    First Hearing Date: 25th June 2018
    Decision Date: 28th September 2024
    Court Number And Judge: 58-JUDICIAL MAGISTRATE FIRST CLASS 58TH COURT

    Orders

    1
    Final Order 1
    28 Sept 2024
    Order Details: Order Below EX 1
    Pdf Text: MHMM180061072018
    Summons Cases SS/1031/2018
    M/S MATTEL TOYS INDIA PVT LTD Vs. M/S
    ONLY KIDS IMPEX PVT. LTD.
    Charge : U/sec.138 of Negotiable Instrument Act.
    IN THE COURT OF JUDICIAL MAGISTRATE(FIRST CLASS),
    58TH COURT, BANDRA, MUMBAI
    ORDER BELOW EXH.01
    The complainant and the accused have settled the dispute
    and withdrawn the matter before National Lok Adalat. The case is
    withdrawn and accused are acquitted. Process of warrant if any be
    recalled. Court fees be refunded to complainant as per rule.
    Head of Panel,
    Date : 28.09.2024 Bandra, Mumbai.
    -- 1 of 2 --
    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 : 28.09.2024.
    Transcribed and Typed on : 28.09.2024.
    Order printed and Signed on : 28.09.2024.
    Order Uploaded on : 28.09.2024.
    -- 2 of 2 --

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