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Summons Cases SS - Summons Case SS

UMESH MOHANLAL GOHILVsM/S JAY ENTERPRISES +3 more

CNR MHMM18006217201858-JUDICIAL MAGISTRATE FIRST CLASS 58TH COURT
CASE DISPOSED
Uncontested--Dismissed
Decision Date: 25th August 2023

TrustJury record updated 25 Sept 2026

Case Overview

Registration Number
1092/2018
Registration Date
28 May 2018

Advocates

0

No advocate information is available in this record.

Parties

5

Acts & Sections

1
NEGOTIABLE INSTRUMENTS ACT · Sec 138

Case History / Proceedings

Case History
Date: 06-07-2018
Business: When called out complainant present with Advocate.
Today case is fixed for recording verification statement of accused.
Exh. 4 - Verification statement of complainant.
Exh. 5 - Affidavit in lieu of examination in chief.
Exh. 6 - List of documents.
Heard Ld. Counsel for complainant on the point of issuance of process.
Process issued against accused no. 1 and 2 under sec. 138 of NI Act.
Accordingly separate order passed below Exh.1.
Issue summons to accused persons.
Adjourned to
Next Purpose: NOT HEARD CASES
Next Hearing Date: 06-09-2018

Date: 06-09-2018
Business: When matte is called out
Complainant and his advocate is absent
Accused is present with his advocate
Exh.7- Advocate for accused is given vakalatnama
Exh.8- Advocate for accused is given bail application
The accused no.2 is ordered to be release on bail of Rs.5,000/- with one surety or cash bail
Exh.9 and Exh.10- The accused is release on P. R. Bond and Cash Bond of Rs. 5,000/-
Exh.11- The accused nos. 1 and 2 are recorded plea
The accused not plead guilty
Adj for Say on list of document
Next Purpose: PART HEARD
Next Hearing Date: 06-10-2018

Date: 06-10-2018
Business: When called out complainant absent.  Ld. Counsel for complainant present.  Accused present.  Ld. Counsel for accused present.
Accused filed say on admission and denial of documents.
Original documents are exhibited keeping objection open for final arguments.
Original documents are exhibited viz. Exh. no. 12 to 23.
Case is adjourned for cross of P.W.No.1.
Next Purpose: PART HEARD
Next Hearing Date: 28-11-2018

Date: 28-11-2018
Business: When called out both parties are absent.  Ld. Counsel for both parties are absent.
Today matter is fixed for cross of P.W.No. 1.
Witness/complainant is absent hence posted for further orders.
Adjourned to
Next Purpose: PART HEARD
Next Hearing Date: 15-01-2019

Date: 15-01-2019
Business: When called out complainant and advocate absent
Accused and advocate absent
Today order passed on exh 1
The complainant is absent
Posted for closing of evidence
Adj for
Next Purpose: PART HEARD
Next Hearing Date: 01-03-2019

Date: 01-03-2019
Business: When matter is called out
Complainant is present advocate for complainant is present
Accused is absent advocate for accused is absent
O/exh.1- The witness is present for cross. The accused is absent. Hence, Cross is closed.
Exh. 24- Advocate for complainant is given pursis application for not want to examine any other witness.
Filed
Adj for Statement of the accused
Next Purpose: Statement in 1st Session
Next Hearing Date: 26-03-2019

Date: 26-03-2019
Business: When called out complainant present with advocate.
Accused no 2 present.
Accused no 3 and 4 absent advocate present.
Accused no 3 and 4 exempted.
Exh. 25. Adv for accused filed application for setting aside no cross order dt. 1.3.19.
O. S to say.
for say on exh.25.
Next Purpose: Statement in 1st Session
Next Hearing Date: 10-05-2019

Date: 10-05-2019
Business: Ld. M. M. is on Summer Vacation.
Charge is with Ld. M. M. 71st Court.
Hence, board is discharged.
Next Purpose: Statement in 1st Session
Next Hearing Date: 11-06-2019

Date: 11-06-2019
Business: When matter is called out
Complainant is absent advocate for complainant is absent
Accused is absent advocate for accused is present
Exh. 26- Advocate for accused is given exemption application
P. E. Granted only today
Adj for Argument on Exh.25 application for setting aside no cross order dtd. 01.03.19
Next Purpose: Statement in 1st Session
Next Hearing Date: 23-07-2019

Date: 23-07-2019
Business: Board is discharged.
As Ld M.M.is on leave.
Charge is with Ld. A.C.M.M.9th court.
Next Purpose: Statement in 1st Session
Next Hearing Date: 05-09-2019

Date: 05-09-2019
Business: Ld, MM is on leave. Hence, Board is discharged.l
Next Purpose: Statement in 1st Session
Next Hearing Date: 18-10-2019

Date: 18-10-2019
Business: When matter is called out
Complainant is absent advocate for Complainant is absent
Accused is absent advocate for Accused is absent
Adj for Argument on Exh.25 application for setting aside no cross order dtd. 01.03.19
Next Purpose: Statement in 1st Session
Next Hearing Date: 20-12-2019

Date: 20-12-2019
Business: Ld. M. M. has gone for training,
Charge with ACMM, 9th Court,
Hence, Board is discharged.
Next Purpose: Statement in 1st Session
Next Hearing Date: 01-02-2020

Date: 01-02-2020
Business: Board is discharged.
As Ld M.M.is on leave.
Charged is with M.M. 32nd court.
Adj for.
Next Purpose: Statement in 1st Session
Next Hearing Date: 13-03-2020

Date: 13-03-2020
Business: When called out complainant absent advocate absent
Accused absent advocate present.
Today order passed below exh.25.
Application at exh.25. is allowed subject to cost of Rs. 1000/- payable to the complainant.
For comply order.
Next Purpose: Statement in 1st Session
Next Hearing Date: 01-06-2020

Date: 01-06-2020
Business: National Lock down extended up to 30th  June 2020
Next Purpose: Statement in 1st Session
Next Hearing Date: 06-07-2020

Date: 06-07-2020
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: Statement in 1st Session
Next Hearing Date: 21-08-2020

Date: 21-08-2020
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: Statement in 1st Session
Next Hearing Date: 01-10-2020

Date: 01-10-2020
Business: As Ld M.M.is on leave.
Charge is with Ld. M.M. 71st court.
Adj for.
Next Purpose: Statement in 1st Session
Next Hearing Date: 23-11-2020

Date: 23-11-2020
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: Statement in 1st Session
Next Hearing Date: 11-01-2021

Date: 11-01-2021
Business: Board is discharged.
As Ld M.M.is on leave.
Charge is with Ld. M.M.71st court.
Adj for.
Next Purpose: Statement in 1st Session
Next Hearing Date: 04-03-2021

Date: 04-03-2021
Business: When called out complainant and his advocate absent.
Accused and his advocate absent.
For comply order at exh.25.
Next Purpose: Statement in 1st Session
Next Hearing Date: 04-05-2021

Date: 04-05-2021
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: Statement in 1st Session
Next Hearing Date: 24-06-2021

Date: 24-06-2021
Business: When matter is called out Complainant and his advocate is absent. As per direction of SOP issued by Hon.ble'' High court and Hon.ble'' C.M.M Mumbai (Office order No Estt. 16/679/2021 dt. 17.4.21. C.M.M office Esplanade, Mumbai ) - not pass any adverse order owing to the absence of parties. Hence, Matter is adjourned.
Next Purpose: Statement in 1st Session
Next Hearing Date: 20-08-2021

Date: 20-08-2021
Business: Ld M.M. is on leave, charge with ACMM 9th Court bandra Mumbai. Hence Board is discharged. Adj for
Next Purpose: Statement in 1st Session
Next Hearing Date: 18-10-2021

Date: 18-10-2021
Business: Board discharged as holiday declared on 18-10-2021 by Hon''ble High Court. Adj to
Next Purpose: Statement in 1st Session
Next Hearing Date: 03-12-2021

Date: 03-12-2021
Business: When called out both parties are absent.  hence posted for further orders.
Next Purpose: Statement in 1st Session
Next Hearing Date: 09-03-2022

Date: 09-03-2022
Business: When matter is called out.
Complainant is absent. Advocate for the complainant is absent. Accused is absent. Advocate for the Accused is absent.
Adj for paying cost of Rs. 1000/- payable to the complainant and cross examination for the complainant.
Next Purpose: Statement in 1st Session
Next Hearing Date: 20-05-2022

Date: 20-05-2022
Business: When matter is called out. Complainant is absent. Advocate for the complainant is absent. Accused is absent. Advocate for the Accused is absent. Adj for paying cost of Rs. 1000/- payable to the complainant and cross examination for the complainant.
Next Purpose: Statement in 1st Session
Next Hearing Date: 02-08-2022

Date: 02-08-2022
Business: When matter is called out. Complainant is absent. Advocate for the complainant is absent. Accused is absent. Advocate for the Accused is present. Adj for paying cost of Rs. 1000/- payable to the complainant and cross examination for the complainant.
Next Purpose: PART HEARD
Next Hearing Date: 20-09-2022

Date: 20-09-2022
Business: When matter is called out. Complainant is absent. Advocate for the complainant is absent. Accused is absent. Advocate for the Accused is absent.
Adj for paying cost of Rs. 1000/- payable to the complainant and cross examination for the complainant.
Next Purpose: PART HEARD
Next Hearing Date: 20-01-2023

Date: 20-01-2023
Business: When matter is called out. Complainant is absent. Advocate for the complainant is absent. Accused is absent. Advocate for the Accused is absent. Adj for paying cost of Rs. 1000/- payable to the complainant and cross examination for the complainant.
Next Purpose: PART HEARD
Next Hearing Date: 05-07-2023

Date: 05-07-2023
Business: When matter is called out. Complainant is absent. Advocate for the complainant is absent. Accused is absent. Advocate for the Accused is present.
Adj for paying cost of Rs. 1000/- payable to the complainant and cross examination for the complainant.
Next Purpose: PART HEARD
Next Hearing Date: 25-08-2023

Date: 25-08-2023
Business: Order Below Exh. 01.
1. Complaint stands dismissed as withdrawn.
2. The accused is acquitted of the offence punishable u/s. 138 of the NI act.
3. Bail bonds of accused are cancelled.
4. Order dictated and pronounced in open court.
Nature Of Disposal: Dismissed
Disposal Date: 25-08-2023

Additional Case Details

Additional Case Details
Filing Number: 4866/2018
Filing Date: 28-05-2018
First Hearing Date: 06th July 2018
Decision Date: 25th August 2023
Court Number And Judge: 58-JUDICIAL MAGISTRATE FIRST CLASS 58TH COURT

Orders

1
Final Order 1Full order available
25 Aug 2023

Order Details: Order Below EX 1 Pdf Text: C.C.NO.1092/SS/2018 Order below Exh.01 MHMM180062172018 C.C.NO.1092/SS/2018 Umesh Mohanlal Gohil Vs. M/s. Jay Enterpirses. IN THE COURT OF METROPOLITAN MAGISTRATE, 58TH COURT, BANDRA, MUMBAI ORDER BELOW EXH.01 The complainant and advocate absent. Advocate for the accused present. Perused proceeding. The complainant failed to remain present for facing cross examination. The matter is old one. The complainant seems not really interested in proceeding with the complaint. 2. Section 256(1) of Cr.P.C. empowers the Magistrate…

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