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Summons Cases SS - Summons Case SS

Sahib Singh LambaVsM/s Capitalberg +1 more

CNR MHMM18006492202158-JUDICIAL MAGISTRATE FIRST CLASS 58TH COURT
CASE DISPOSED
Contested--Withdraw after Filing Affidavit
Decision Date: 13th February 2026

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number
5800677/2021
Registration Date
07 Oct 2021

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    NEGOTIABLE INSTRUMENTS ACT · Sec 138

    Case History / Proceedings

    Case History
    Date: 29-11-2021
    Business: When matter is called out. Complainant is absent advocate for the Complainant is present. Accuse is present advocate for the Accused is absent.  Exh. 6 verification statement. order / Exh.  1- issue process against the accused u/s 138 of NI act summons R/o 31.01.2022 Adj for summons report. complainant.
    Next Purpose: Awaiting services of notice / summons
    Next Hearing Date: 31-01-2022
    
    Date: 31-01-2022
    Business: As per direction of SOP issued by Honable H.C. and Honable CMM mumbai . Office order No. Estt- 16/93/2022. dt. 28.1.22. Hence case is adj.
    Next Purpose: Awaiting services of notice / summons
    Next Hearing Date: 15-06-2022
    
    Date: 15-06-2022
    Business: when called out complainant absent and his advocate present. Exh. 7- application for issuance of B/W against accused.
    O/- Issue B/W. of Rs. 15000/-
    adj for warrant report.
    Next Purpose: Awaiting execution of Service Summons/BW
    Next Hearing Date: 30-09-2022
    
    Date: 30-09-2022
    Business: When matter is called out. Complainant present his advocate  absent.
     Accused present and his advocate present. Exh. 8- VP filed. Exh. 9  application for cancellation of warrant. O/- warrant is cancelled subjected to penalty of Rs. 2000/- Exh. 10 application for bail. O/- accused released on PB and cash security of Rs. 5000/- Exh. 11 PR and cash bond. Exh. 12- plea of the accused is recorded.
    Adj for filling of affidavit of evidence.
    Next Purpose: FOR HEARING
    Next Hearing Date: 02-11-2022
    
    Date: 02-11-2022
    Business: When matter is called out. Complainant present his advocate present. Accused absent and his advocate present.
    Adj for filling of affidavit of evidence.
    Next Purpose: FOR HEARING
    Next Hearing Date: 06-02-2023
    
    Date: 06-02-2023
    Business: When matter is called out. Complainant is absent advocate for the Complainant absent. Accused is absent advocate for the Accused is present. Adj for filling of affidavit of evidence
    Next Purpose: FOR HEARING
    Next Hearing Date: 07-08-2023
    
    Date: 07-08-2023
    Business: When matter is called out. Complainant is absent advocate for the Complainant absent. Accused is absent advocate for the Accused is present.
    Adj for filling of affidavit of evidence.
    Next Purpose: FOR HEARING
    Next Hearing Date: 07-11-2023
    
    Date: 07-11-2023
    Business: When matter is called out. Complainant is present advocate for the Complainant present. Accused is absent advocate for the Accused is absent.
    Exh. 13 application for warrant. O/- Issue NBW against the accused.
    Adj for filling of affidavit of evidence.
    Next Purpose: FOR HEARING
    Next Hearing Date: 08-11-2023
    
    Date: 08-11-2023
    Business: Today case is TOB
    accused present and his advocate present. Exh. 14 Allowed. Exh. 15 VP filed. Exh. 16 application for cancellation of warrant accused O/- warrant stands cancelled on penalty of Rs. 200/-.
    Adj for filling affidavit of evidence.
    Next Purpose: FOR HEARING
    Next Hearing Date: 20-01-2024
    
    Date: 20-01-2024
    Business: When called out, complainant absent, his advocate absent. Accused absent, his advocate present. application for exemption. granted.
    Adj for Filling affidavit of evidence.
    Next Purpose: FOR HEARING
    Next Hearing Date: 03-04-2024
    
    Date: 03-04-2024
    Business: When matter is called out complainant is absent his advocate is present. Accused absent and his advocate present. adj for filing of affidavit of Evidence.
    Next Purpose: FOR HEARING
    Next Hearing Date: 05-07-2024
    
    Date: 05-07-2024
    Business: when called out complainant absent and his advocate present. accused present and his advocate present.  Exh. 18-19- application for adjournment. and exemption. granted.
    Adj for filling affidavit of evidence.
    Next Purpose: FOR HEARING
    Next Hearing Date: 10-09-2024
    
    Date: 10-09-2024
    Business: Ld.JMFC is on leave charge with Ld. JMFC 9th court. Hence board is discharge.
    adj for.
    Next Purpose: FOR HEARING
    Next Hearing Date: 04-11-2024
    
    Date: 04-11-2024
    Business: Ld. JMFC is on leave charge with Ld. JMFC 71st court. Hence board is discharge.
    adj for
    Next Purpose: FOR HEARING
    Next Hearing Date: 08-01-2025
    
    Date: 08-01-2025
    Business: Ld. J.M.F.C is on leave. Hence Board is discharged. Charge with JMFC 71st Court.
    Next Purpose: FOR HEARING
    Next Hearing Date: 04-03-2025
    
    Date: 04-03-2025
    Business: when called out complainant present and his advocate present. accused absent and his advocate present. order below Exh. 20 Hence adjournment. granted subject to cost of Rs. 500/- to be deposited to legal Aid fund.,  Exh. 21 application exemption. granted.  Exh. 22 VP filed. Exh. 23 application for closing evidence.  O. S. to say.
    Adj for filling affidavit of evidence.
    Next Purpose: FOR HEARING
    Next Hearing Date: 03-04-2025
    
    Date: 03-04-2025
    Business: called on today complainant present and his advocate present. accused absent and his advocate present. Exh. 24 Affidavit of Examination in chief. read and record.
    Exh. 25 List of document. seen and filed.  Exh. 42 application for exemption. granted.
    adj for cross examination of the complainant.
    Next Purpose: PART HEARD
    Next Hearing Date: 09-06-2025
    
    Date: 09-06-2025
    Business: called on today complainant present and his advocate present. accused absent and his advocate present.
    adj for cross examination of the complainant.
    Next Purpose: PART HEARD
    Next Hearing Date: 11-07-2025
    
    Date: 11-07-2025
    Business: called on today complainant absent and his advocate present. accused absent and his advocate present.  Exh. 44 application for exemption. granted for today.
    adj for cross examination of the complainant.
    Next Purpose: PART HEARD
    Next Hearing Date: 07-08-2025
    
    Date: 07-08-2025
    Business: called on today complainant present and his advocate present. accused absent and his advocate present. Exh. 45 application for exemption. granted for today.
    Exh. 46 Undertaking seen and filed. Ex. 47  application for warrant and no cross . application rejected.
    adj for cross examination of the complainant.
    Next Purpose: PART HEARD
    Next Hearing Date: 10-12-2025
    
    Date: 10-12-2025
    Business: called on today complainant present and his advocate present. accused absent and his advocate present. Exh. 48. application for exemption granted for today.  adj for cross examination of the complainant.
    Next Purpose: PART HEARD
    Next Hearing Date: 02-02-2026
    
    Date: 02-02-2026
    Business: called on today complainant absent and his advocate present. accused absent and his advocate present.
    adj for cross examination of the complainant.
    Next Purpose: PART HEARD
    Next Hearing Date: 13-02-2026
    
    Date: 13-02-2026
    Business: Order below Exh.  01
        1. The complaint stands dismissed as withdrawn.
        2. The accused are acquitted of the offense punishable u/s. 138 of the NI act.
        3. In view of section 43  of Maharashtra court fees act, court fees be refunded as per rules and  stage of proceeding.
        4. Order dictated and pronounced in open court.
    Nature Of Disposal: Withdraw after Filing Affidavit
    Disposal Date: 13-02-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 7008107/2021
    Filing Date: 06-10-2021
    First Hearing Date: 29th November 2021
    Decision Date: 13th February 2026
    Court Number And Judge: 58-JUDICIAL MAGISTRATE FIRST CLASS 58TH COURT

    Orders

    1
    Final Order 1Full order available
    13 Feb 2026

    Order Details: Order Below EX 1 Pdf Text: MHMM180064922021 Summons Cases SS/5800677/2021 Sahib Singh Lamba Vs. M/s Capitalberg IN THE COURT OF JUDICIAL MAGISTRATE(FIRST CLASS), 58TH COURT, BANDRA, MUMBAI ORDER BELOW EXH.01 Complainant’s advocate present. Matter is settled between the parties at a part heard stage. Therefore, complainant is not willing to proceed with the matter. Accordingly, filed application for withdrawal of the complaint at Exh.49. Hence, I pass following order. ORDER 1. Complaint stands dismissed as withdrawn. 2. The…

    Read Full Order

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