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Summons Cases SS - Summons Case SS

Pratap Pundalik KamathVsBhavanishankar Nilkanth Wagle

CNR MHMM18006130202158-JUDICIAL MAGISTRATE FIRST CLASS 58TH COURT
CASE DISPOSED
Contested--Accused Convicted
Decision Date: 04th May 2026

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number
5800642/2021
Registration Date
04 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: 17-11-2021
    Business: When matter is called out. Complainant is absent. Advocate for the complainant is present. Exh. application for deface challan. Issue letter to borivali court to defaced fees. adj for Deface report.
    Next Purpose: FOR VERIFICATION
    Next Hearing Date: 06-01-2022
    
    Date: 06-01-2022
    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 accused u/s. 138 of the Negotiable Instrument Act Adj for summons report.
    Next Purpose: Awaiting services of notice / summons
    Next Hearing Date: 11-05-2022
    
    Date: 11-05-2022
    Business: Ld M.M. is on concession leave. Hence Board is discharge. Charge with Ld CMM 32nd court.  Adj for
    Next Purpose: Awaiting services of notice / summons
    Next Hearing Date: 01-06-2022
    
    Date: 01-06-2022
    Business: When matter is called out complainant is absent. Advocate for complainant is present.   Exh. 7-  application for  issuance of NBW. O/- Issue B/W of Rs. 15000/-
    adj for warrant report.
    Next Purpose: Awaiting execution of Service Summons/BW
    Next Hearing Date: 11-10-2022
    
    Date: 11-10-2022
    Business: when called out complainant present and his advocate present. adj for.
    Next Purpose: Awaiting execution of Service Summons/BW
    Next Hearing Date: 01-12-2022
    
    Date: 01-12-2022
    Business: When called out, complainant present, his advocate present. Accused absent, his advocate absent.  Exh. 8 Advocate for complainant given application for non bailable warrant. Issued NBW. Adj for warrant report.
    Next Purpose: Awaiting execution of service NBW
    Next Hearing Date: 15-02-2023
    
    Date: 15-02-2023
    Business: When matter is called out Complainant present and his advocate is present. Advocate for complainant is given application for non bailable warrant. Issued non bailable warrant. Adj for warrant report
    Next Purpose: Awaiting execution of service NBW
    Next Hearing Date: 27-04-2023
    
    Date: 27-04-2023
    Business: Ld. M.M. is on leave. charge with Ld. M.M. 12th court.
    Hence, Board is discharged.
    Adj for.
    Next Purpose: Awaiting execution of service NBW
    Next Hearing Date: 10-07-2023
    
    Date: 10-07-2023
    Business: When matter is called out complainant is present his advocate are present.
    Accused and his advocate are absent.
    Application for Non Bailable Warrant as prayed.
    O/Exh- 12 Issue NBW against accused.
    Adj for warrant report.
    Next Purpose: Awaiting execution of service NBW
    Next Hearing Date: 26-09-2023
    
    Date: 26-09-2023
    Business: Ld. M. M. is on leave.
    Charge with M. M. 32nd Court.
    Hence, board is discharged.
    Next Purpose: Awaiting execution of service NBW
    Next Hearing Date: 17-10-2023
    
    Date: 17-10-2023
    Business: Order below Exh. 01
    1. Issue standing NBW warrant against the accused.
    2. NBW warrant be served through concerned P.Stn.
    3. NBW warrant be issued by hand delivery to the complainant to served the same to Jogeshwari P. Stn.
    Next Purpose: Awaiting execution of service NBW
    Next Hearing Date: 27-10-2023
    
    Date: 27-10-2023
    Business: Accused present with advocate today Application for Case Taken on today\''s board. O/Exh - 14 Allowed.
    Application for Vakalatnama for accused No. 01 O/Exh - 15 Filed. Application for Cancellation of Warrant. O/Exh - 16 Warrant stands cancelled penalty of Rs.200/- Application for Bail O/Exh - 17  Accused is released on PB and SB for Rs. 15000 with condition to filed his address proof cash bail is allowed. Application for Submit new Address of accused. O/Exh - 18 Seen and filed. O/Exh - 19 PR Bond and Cash Bond. O/Exh - 20 plea of accused is recorded. adj for filing of affidavit of Evidence.
    Next Purpose: FOR HEARING
    Next Hearing Date: 28-12-2023
    
    Date: 28-12-2023
    Business: when called out. complainant present and his advocate present. accused absent and his advocate absent. Exh. 21 application  application for u/s 143A. O/- accused to say.  Exh. 22 application for NBW.
    O/- Issue NBW against accused.
    adj for filing of affidavit of Evidence.
    Next Purpose: FOR HEARING
    Next Hearing Date: 22-02-2024
    
    Date: 22-02-2024
    Business: Ld M.M. is on leave charge with Ld. M.M. 71th court. Hence Board is discharged.
    Next Purpose: FOR HEARING
    Next Hearing Date: 22-03-2024
    
    Date: 22-03-2024
    Business: L.d M.M. is on leave. Hence board is discharged. Charge with M.M.32nd court.
    Next Purpose: FOR HEARING
    Next Hearing Date: 18-04-2024
    
    Date: 18-04-2024
    Business: When called out. complainant absent and his advocate present. accused absent and his advocate absent. Application for NBW. O/- Issue NBW against accused. Application for exemption of complainant. O/- Granted. Adj for warrant report and filing of affidavit of Evidence.
    Next Purpose: FOR HEARING
    Next Hearing Date: 05-07-2024
    
    Date: 05-07-2024
    Business: When called out. complainant present and his advocate present. accused absent and his advocate absent.
    Adj for warrant report and filing of affidavit of Evidence.
    Next Purpose: FOR HEARING
    Next Hearing Date: 14-08-2024
    
    Date: 14-08-2024
    Business: When called out. complainant present and his advocate present. accused absent and his advocate absent. Application for NBW. O/- Issue NBW against accused. Adj for warrant report and filing of affidavit of Evidence.
    Next Purpose: FOR HEARING
    Next Hearing Date: 19-10-2024
    
    Date: 19-10-2024
    Business: when called out complainant present and his advocate present. accused absent and his advocate absent. warrant report not received issue show cause notice to concerned p. stn. evidence taken on record complaint application for Interim compensation taken on record. matter adj for evidence of the complainant and say of accused of interim compensation. on return on warrant report.
     Adj for cross examination of the complainant.
    Next Purpose: PART HEARD
    Next Hearing Date: 05-11-2024
    
    Date: 05-11-2024
    Business: Ld. JMFC is on leave charge with Ld. JMFC 71st court, Hence board is discharge.
    Adj for.
    Next Purpose: PART HEARD
    Next Hearing Date: 26-12-2024
    
    Date: 26-12-2024
    Business: Ld. JMFC is on leave charge with Ld. JMFC 12nd court. Hence board is discharge.
    adj for.
    Next Purpose: PART HEARD
    Next Hearing Date: 01-03-2025
    
    Date: 01-03-2025
    Business: when called out complainant present and his advocate present. accused absent and his advocate absent. Exh.41 Application for pursis for closing of evidence. O/- Filed. Application for proclaimation against accused. O/- Issue proclamation warrant against accused. Order below Exh.1- 1. Bail bonds of the accused stands forfeited. 2. The amount of cash bail deposited by the accused be credited to government. 3.The right of cross examination of the accused stands closed. Adj for
    Next Purpose: PART HEARD
    Next Hearing Date: 11-04-2025
    
    Date: 11-04-2025
    Business: Ld. JMFC is on leave charge with Ld. JMFC 71st court. Hence board is discharge.
    adj for.
    Next Purpose: PART HEARD
    Next Hearing Date: 09-06-2025
    
    Date: 09-06-2025
    Business: when called out complainant present and his advocate present. accused absent and his advocate absent. Exh. 43 Pursis for closing evidence. read and record.
    Order below Exh. 01
    1. Right of accused to conduct cross examination of the complainant stands closed.
    2. Matter be posted for hearing further evidence by the complainant awaiting proclamation warrant report.
    3. Order dictated and pronounced in open court.
    adj for Statement of the accused u/s 313 of CRPC.
    Next Purpose: For Examination of Accused U/sec. 313 CrPC
    Next Hearing Date: 07-07-2025
    
    Date: 07-07-2025
    Business: when called out complainant absent and his advocate present. accused absent and his advocate absent.
    Order below Exh. 01.
    1. The statement to be recorded u/s 313 of CRPC stands dispensed with.
    2. The right of leading evidence by the accused stands closed.
    4. matter be kept for filing written notes of arguments by the parties on next date.
    5. Order be uploaded on court web portal for the knowledge of parties.
    adj for final argument.
    Next Purpose: For Final Argument
    Next Hearing Date: 18-08-2025
    
    Date: 18-08-2025
    Business: Called on today complainant is absent. Advocate for complainant is present. Accused  is absent. Advocate for accused is absent. Court busy in other administrative work. Adj for
    Next Purpose: For Final Argument
    Next Hearing Date: 10-10-2025
    
    Date: 10-10-2025
    Business: Called on today complainant is absent. Advocate for complainant is present. Accused is absent. Advocate for accused is absent. Adj for final argument.
    Next Purpose: For Final Argument
    Next Hearing Date: 09-12-2025
    
    Date: 09-12-2025
    Business: Called on today complainant is present. Advocate for complainant is present. Accused is absent. Advocate for accused is absent.
    Exh. 46 application for correct copy of argument to be taken on record.  permission granted. Exh. 47 memorandum of written submission on behalf of the complainant. seen and filed.
    Adj for final argument.
    Next Purpose: For Final Argument
    Next Hearing Date: 07-01-2026
    
    Date: 07-01-2026
    Business: Called on today.complainant present and his advocate present. accused absent and his advocate absent.
    adj for final order.
    Next Purpose: FOR JUDGMENT
    Next Hearing Date: 20-02-2026
    
    Date: 20-02-2026
    Business: Ld. JMFC is on leave charge with Ld. JMFC 32nd court. Hence board is discharge. adj for
    Next Purpose: FOR JUDGMENT
    Next Hearing Date: 13-03-2026
    
    Date: 13-03-2026
    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
    1. Considering notes of final arguments filed by the complainant, matter be posted for Judgment on next date.
    2. Order be uploaded on court Web Portal for the knowledge of parties.
    3. Order dictated and pronounced in open court.
    adj for final order.
    Next Purpose: FOR JUDGMENT
    Next Hearing Date: 04-05-2026
    
    Date: 04-05-2026
    Business: called on today complainant present and his advocate present. accused absent and his advocate absent.
    Exh. 48
    Judgment.
    1. Accused  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 r/w 141 of the Negotiable Instruments Act, 1881 and  he is sentenced to undergo simple imprisonment for 03 (Three) month and to pay fine of Rs.20,00,000/- in default of fine shall suffer further simple imprisonment for 1 (One)  month.
    2. If fine is paid the same be given to the complainant as compensation u/s 357(1)(b) of code of criminal procedure and u/s 395(1)(b)of the Bhartiya Nagarik Suraksha Sanhita, 2023.
    3. The bail bond of accused are already cancelled and 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 as and when arrested and brought before this court.
     (Judgment is dictated and pronounced in the open Court)
    Nature Of Disposal: Accused Convicted
    Disposal Date: 04-05-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 7007887/2021
    Filing Date: 01-10-2021
    First Hearing Date: 17th November 2021
    Decision Date: 04th May 2026
    Court Number And Judge: 58-JUDICIAL MAGISTRATE FIRST CLASS 58TH COURT

    Orders

    13
    Final Order 7Full order available
    04 May 2026

    Order Details: Copy of Judgment Pdf Text: MHMM180061302021 Received On : 01.10.2021 Registered on : 04.10.2021 Decided on : 04.05.2026 Duration : 04 Y 07 M 03 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.5800642/SS/2021 JUDGMENT Exh.48 (Delivered on 4th day of May, 2026) Prosecution/ Complainant : Pratap Pundalik Kamath Age : 53 years, Occ.…

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    Interim Order 6Full order available
    13 Mar 2026

    Order Details: Order Below EX 1 Pdf Text: MHMM180061302021 Summons Cases SS/5800642/2021 Pratap Pundalik Kamath Vs. Bhavanishankar Nilkanth Wagle IN THE COURT OF JUDICIAL MAGISTRATE (FIRST CLASS), 58TH COURT, BANDRA, MUMBAI ORDER BELOW EXH.01 Complainant and advocate present. Accused and advocate absent rather accused absconding. Perused report of Proclamation Warrant issued against accused. There is no possibility of securing presence of accused in near future. There is reason to believe that accused has no defence to contest the complaint and…

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    Interim Order 5Full order available
    07 Jul 2025

    Order Details: Order Below EX 1 Pdf Text: MHMM180061302021 Summons Cases SS/5800642/2021 Pratap Pundalik Kamath Vs. Bhavanishankar Nilkanth Wagle IN THE COURT OF JUDICIAL MAGISTRATE (FIRST CLASS), 58TH COURT, BANDRA, MUMBAI ORDER BELOW EXH.01 Complainant and advocate present. Accused and advocate absent rather accused absconding. His bail bonds are already forfeited and proclamation warrant is issued. Complainant has adduced his oral and documentary evidence. The accused failed to exercise his right of conducting cross examination despite giving more than sufficient…

    Read Full Order
    Interim Order 4Full order available
    09 Jun 2025

    Order Details: Order Below EX 1 Pdf Text: MHMM180061302021 Summons Cases SS/5800642/2021 Pratap Pundalik Kamath Vs. Bhavanishankar Nilkanth Wagle IN THE COURT OF JUDICIAL MAGISTRATE (FIRST CLASS), 58TH COURT, BANDRA, MUMBAI ORDER BELOW EXH.01 Complainant and advocate present. Accused and advocate absent rather accused absconding. His bail bonds are already forfeited and proclamation warrant is issued. Complainant has adduced his oral and documentary evidence. The accused failed to exercise his right of conducting cross examination despite giving more than sufficient…

    Read Full Order
    Interim Order 3Full order available
    01 Mar 2025

    Order Details: Order Below EX 1 Pdf Text: MHMM180061302021 Summons Cases SS/5800642/2021 Pratap Pundalik Kamath Vs. Bhavanishankar Nilkanth Wagle IN THE COURT OF JUDICIAL MAGISTRATE(FIRST CLASS), 58TH COURT, BANDRA, MUMBAI ORDER BELOW EXH.01 Complainant and advocate present. Accused is absconding after recording plea on 27.10.2023. 2. Perused the various warrant reports. The same shows that accused is absconding and not traceable. 3. Complainant has filed his evidence in lieu of examination in chief at Exh.25 on 19.10.2024. Neither accused nor…

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    Interim Order 2
    17 Oct 2023
    Order Details: Order Below EX 1
    Pdf Text: -- 1 of 2 --
    -- 2 of 2 --
    Interim Order 1
    10 Jul 2023
    Order Details: Order Below EX 1
    Pdf Text: -- 1 of 1 --
    Order 6Full order available
    13 Mar 2026

    Order Details: Order Below EX 1 Pdf Text: MHMM180061302021 Summons Cases SS/5800642/2021 Pratap Pundalik Kamath Vs. Bhavanishankar Nilkanth Wagle IN THE COURT OF JUDICIAL MAGISTRATE (FIRST CLASS), 58TH COURT, BANDRA, MUMBAI ORDER BELOW EXH.01 Complainant and advocate present. Accused and advocate absent rather accused absconding. Perused report of Proclamation Warrant issued against accused. There is no possibility of securing presence of accused in near future. There is reason to believe that accused has no defence to contest the complaint and…

    Read Full Order
    Order 5Full order available
    07 Jul 2025

    Order Details: Order Below EX 1 Pdf Text: MHMM180061302021 Summons Cases SS/5800642/2021 Pratap Pundalik Kamath Vs. Bhavanishankar Nilkanth Wagle IN THE COURT OF JUDICIAL MAGISTRATE (FIRST CLASS), 58TH COURT, BANDRA, MUMBAI ORDER BELOW EXH.01 Complainant and advocate present. Accused and advocate absent rather accused absconding. His bail bonds are already forfeited and proclamation warrant is issued. Complainant has adduced his oral and documentary evidence. The accused failed to exercise his right of conducting cross examination despite giving more than sufficient…

    Read Full Order
    Order 4Full order available
    09 Jun 2025

    Order Details: Order Below EX 1 Pdf Text: MHMM180061302021 Summons Cases SS/5800642/2021 Pratap Pundalik Kamath Vs. Bhavanishankar Nilkanth Wagle IN THE COURT OF JUDICIAL MAGISTRATE (FIRST CLASS), 58TH COURT, BANDRA, MUMBAI ORDER BELOW EXH.01 Complainant and advocate present. Accused and advocate absent rather accused absconding. His bail bonds are already forfeited and proclamation warrant is issued. Complainant has adduced his oral and documentary evidence. The accused failed to exercise his right of conducting cross examination despite giving more than sufficient…

    Read Full Order
    Order 3Full order available
    01 Mar 2025

    Order Details: Order Below EX 1 Pdf Text: MHMM180061302021 Summons Cases SS/5800642/2021 Pratap Pundalik Kamath Vs. Bhavanishankar Nilkanth Wagle IN THE COURT OF JUDICIAL MAGISTRATE(FIRST CLASS), 58TH COURT, BANDRA, MUMBAI ORDER BELOW EXH.01 Complainant and advocate present. Accused is absconding after recording plea on 27.10.2023. 2. Perused the various warrant reports. The same shows that accused is absconding and not traceable. 3. Complainant has filed his evidence in lieu of examination in chief at Exh.25 on 19.10.2024. Neither accused nor…

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    Order 2
    17 Oct 2023
    Order Details: Order Below EX 1
    Pdf Text: -- 1 of 2 --
    -- 2 of 2 --
    Order 1
    10 Jul 2023
    Order Details: Order Below EX 1
    Pdf Text: -- 1 of 1 --

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