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…
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
0No advocate information is available in this record.
Parties
5Petitioner
Acts & Sections
1NEGOTIABLE 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
1Final Order 1Full order available
25 Aug 2023
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