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Summons Cases SS - Summons Case SS

SURESH SWAMIRAO UTTARKARVsSamir MANILAL SHAH +1 more

CNR MHMM18006145201858-
Additional Metropolitan Magistrate, Bandra, Mumbai
MM18 · MH
CASE DISPOSED
Uncontested--Case Withdrawn Accused Acquitted
Decision Date: 13th December 2022

TrustJury record updated 25 Sept 2026

Case Overview

Registration Number
639/2018
Registration Date
31 Mar 2018

Advocates

0

No advocate information is available in this record.

Parties

3

Petitioner

  1. 1SURESH SWAMIRAO UTTARKAR

Respondent

  1. 1Samir MANILAL SHAH
  2. 2MANILAL SHAMJI SHAH

Acts & Sections

1
NEGOTIABLE INSTRUMENTS ACT · Sec 138

Case History / Proceedings

Case History
Date: 02-07-2018
Business: Case is not traced.
When called out both parties are absent.  Ld. Counsel for both parties are absent.  For steps.  Adjourned to
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 09-08-2018

Date: 09-08-2018
Business: Board discharged.
Adjourned to
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 26-09-2018

Date: 26-09-2018
Business: When matter is called out
Complainant is present with his advocate
Exh.4- Advocate for complainant is given verification statement
Adj for Affidavit of evidence
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
Exh.5- Advocate for complainant is given adjournment application
Application is granted only today
adj for Affidavit of evidence
Next Purpose: NOT HEARD CASES
Next Hearing Date: 23-01-2019

Date: 23-01-2019
Business: When matter is called out
Complainant and his advocate is absent
If complainant is not taking steps on next date, otherwise matter is posted for dismissal order
Adj for affidavit of evidence
Later on
Complainant is present with his advocate
Exh. 6 and Exh. 7- Complainant is given affidavit of evidence and list of document
All document verified by J. C.
Adj for Process Order
Next Purpose: NOT HEARD CASES
Next Hearing Date: 04-04-2019

Date: 04-04-2019
Business: When matter is called out
Complainant is present advocate for Complainant is absent
O/Exh.1- Issue process against the accused No.1 only u/s. 138 of the Negotiable Instrument Act. R/o. 09.08.2019
Adj for summons report
Next Purpose: NOT HEARD CASES
Next Hearing Date: 09-08-2019

Date: 09-08-2019
Business: When matter is called out
Complainant is present advocate for Complainant is present
Accused is absent advocate for Accused is absent
Exh. 8- Advocate for complainant is given warrant application
Seen track report. Issue bailable warrant of Rs. 5000/- against the accused as pray
Adj for warrant report
Next Purpose: NOT HEARD CASES
Next Hearing Date: 22-11-2019

Date: 22-11-2019
Business: When matter is called out
Complainant is present advocate for Complainant is present
Accused is absent advocate for accused is present
Exh. 9- Advocate for accused is given vakalatnama
Filed
Exh. 10- Advocate for accused is given exemption application
granted for today only
Adj for plea of the accused
Next Purpose: NOT HEARD CASES
Next Hearing Date: 16-03-2020

Date: 16-03-2020
Business: Board is discharged
Due to effect of Korona vairus
Adj for.
Next Purpose: NOT HEARD CASES
Next Hearing Date: 02-06-2020

Date: 02-06-2020
Business: National Lock down extended up to 30th  June 2020
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 09-09-2020

Date: 09-09-2020
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: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 24-12-2020

Date: 24-12-2020
Business: Board is discharged.
As Ld M.M.is on leave.
Charge is with Ld. M.M.32th court.
Adj for.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 05-04-2021

Date: 05-04-2021
Business: N.T.
When called out, complainant present, his advocate present
Accused absent, his advocate absent.
For step.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 03-07-2021

Date: 03-07-2021
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: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 13-10-2021

Date: 13-10-2021
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: 18-01-2022

Date: 18-01-2022
Business: Case is TOB today. when matter is called out. accused present. advocate for accused present. Exh. 11- Advocate for accused V. P. filed. Exh. 12- application for TOB. Allowed. Exh. 13- application for cancellation of warrant. O/-   warrent is cancelled subjected to penalty of Rs. 2000/- Exh. 14- application for Bail.O/- accused be released on PB and Cash security of Rs. 10000/- Exh. 15- Cash Bond. Exh. 16- Plea  of the accused recorded today. plead not guilty. Adj for filing of affidavit of evidence.
Next Purpose: FOR HEARING
Next Hearing Date: 25-01-2022

Date: 25-01-2022
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: FOR HEARING
Next Hearing Date: 19-04-2022

Date: 19-04-2022
Business: when matter is called out. complainant present and his advocate present accused absent and his advocate present.
Adj for filing of affidavit of evidence.
Next Purpose: FOR HEARING
Next Hearing Date: 01-06-2022

Date: 01-06-2022
Business: when matter is called out. complainant present and his advocate present accused absent and his advocate absent.
Adj for filing of affidavit of evidence.
Next Purpose: FOR HEARING
Next Hearing Date: 05-08-2022

Date: 05-08-2022
Business: when matter is called out. complainant present and his advocate present accused absent and his advocate absent.
Adj for filing of affidavit of evidence.
Next Purpose: FOR HEARING
Next Hearing Date: 07-10-2022

Date: 07-10-2022
Business: when called out. complainant present and his advocate present. Accused present and his advocate present. Exh.8 Matter is kept for mediation. Adj for mediation report
Next Purpose: FOR HEARING
Next Hearing Date: 13-12-2022

Date: 13-12-2022
Business: When called out. complainant present and his advocate present. Accused is present. Adv for accused is present. The case was referred to the mediation. The mediator sent a report about the successful mediation at Exh.20. The complainant is present. Complainant does not want to proceed with the case. Hence, case is withdrawn for want of prosecution. The accused is acquitted U/sec 320(8) of CRPC.
Nature Of Disposal: Case Withdrawn Accused Acquitted
Disposal Date: 13-12-2022

Additional Case Details

Additional Case Details
Filing Number: 3292/2018
Filing Date: 31-03-2018
First Hearing Date: 02nd July 2018
Decision Date: 13th December 2022
Court Number And Judge: 58-

Orders

1
Final Order 1
13 Dec 2022
Order Details: Order Below EX 1
Pdf Text: MHMM180061452018
IN THE COURT OF THE METROPOLITAN MAGISTRATE, 58TH
COURT, BANDRA, MUMBAI
ORDER BELOW EXH. 01 IN C. C. No.639/SS/2018
The case was referred to the mediation. The
complainant and accused arrived on settlement before the trained
mediator. The mediator sent a report about the sussessful
mediation at Exh.20. They have filed consent terms at Exh.19. The
complainant is present before me. He does not want to proceed
with the case. Hence, case is withdrawn for want of prosecution.
The accused is acquitted u/sec.320(8) of Cr.P.C.
The court fee be refunded to the complainant as per
rules.
The original documents filed by the complainant be
returned to him.
Mumbai, (M.Y.Wagh)
Dated : 13.12.2022. Metropolitan Magistrate,
58th Court, Bandra, Mumbai.
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