Order Details: Copy of Judgment Pdf Text: Summons Cases SS/1129/2018 Judgment Exh.52 MHMM180066182018 Filed on : 11.06.2018. Decided on : 20.09.2024. Duration : 06-Y 03-M 09-D. IN THE COURT OF JUDICIAL MAGISTRATE (FIRST CLASS), 58TH COURT, BANDRA, MUMBAI. (Presided over by M. P. Saraf) Summons Cases SS/1129/2018 (CNR NO.MHMM180066182018) Exh.52 MOHAN KUMAR ARORA Through his constituted Attorney Mr. Shadab Chowdhary Age : 91 years, Occ. Retired, R/o. C-5, Padamsee Apartment, 22/29, Union Park, Khar(W), Mumbai-400 052. …. Complainant. Versus SHYAMSUNDER…
Summons Cases SS - Summons Case SS
MOHAN KUMAR ARORAVsSYAMSUNDER B JANGID
CNR MHMM18006618201858-JUDICIAL MAGISTRATE FIRST CLASS 58TH COURT
Additional Metropolitan Magistrate, Bandra, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--Accused Convicted
Decision Date: 20th September 2024
TrustJury record updated 25 Sept 2026
Case Overview
- Registration Number
- 1129/2018
- Registration Date
- 11 Jun 2018
Advocates
0No advocate information is available in this record.
Parties
2Petitioner
Respondent
Acts & Sections
1NEGOTIABLE INSTRUMENTS ACT · Sec 138
Case History / Proceedings
Case History
Date: 17-07-2018 Business: When matter is called out Complainant is absent advocate for complainant is present Exh.4- Advocate for complainant is given exemption application Adj for verification Next Purpose: NOT HEARD CASES Next Hearing Date: 13-08-2018 Date: 13-08-2018 Business: When matter is called out Complainant and his advocate is absent Adj for Deface e-challan Next Purpose: NOT HEARD CASES Next Hearing Date: 08-10-2018 Date: 08-10-2018 Business: When called out Complainant Present with Advocate Exh. 5 Complainant filed Verification Statement Exh. 6 Complainant filed Affidavit of Evidence Exh. 7 Complainant filed List of Document O/1 Issue Process against the accused Summons R/o on 13-12-2018 Next Purpose: NOT HEARD CASES Next Hearing Date: 13-12-2018 Date: 13-12-2018 Business: When matter is called out Complainant is absent and his advocate is present Accused is absent advocate for accused is present Exh. 8 and Exh. 9 - Advocate for accused is given vakalatnama and exemption application The accused should furnish bail and recorded plea Exh. 10 - Advocate for complainant is given warrant application Put up for order Adj for Plea of accused Next Purpose: NOT HEARD CASES Next Hearing Date: 19-01-2019 Date: 19-01-2019 Business: When called out Complainant Present with Advocate Accused Present with Advocate Exh. 11 Advocate for complainant filed Application U/s 143A (1) Exh. 12 Adv. for complainant filed Bail Application. Exh. 13 Plea of the accused Exh. 14 Cash Bond of the accused Exh. 15 P.R. Bond of the accused Adj. for Say on Document and Order of Exhibiting Document Next Purpose: PART HEARD Next Hearing Date: 12-04-2019 Date: 12-04-2019 Business: When called out complainant absent advocate present. Accused absent advocate present. Exh.16. Adv for accused filed reply in respect of application u/s. 143(A) Exh.17. Adv for accused filed say on documents today. Today matter is fixed for say of accused on Admission and denial of documents. Accused file say today hence original documents are exhibited keeping objection for final arguments. Original documents are exhibited viz. Exh. no. 18 to 38. Case is adjourned for cross of P.W.No. 1. and argument 143(A). Next Purpose: PART HEARD Next Hearing Date: 06-06-2019 Date: 06-06-2019 Business: When called out complainant absent advocate present. Accused absent advocate present. Accused exempted Adv for complainant argument on application 143(A) at exh.11. For order on application 143(A) and cross. Next Purpose: PART HEARD Next Hearing Date: 18-07-2019 Date: 18-07-2019 Business: When called out complainant absent advocate present. Accused and advocate absent. Today order passed on exh.11. The parties are directed to argue the matter after deciding the said question. Till date the parites are directed to proceed for progress of the matter. For cross of P.W.No.1 Next Purpose: PART HEARD Next Hearing Date: 05-09-2019 Date: 05-09-2019 Business: Ld, MM is on leave. Hence, board is discharged. Next Purpose: PART HEARD Next Hearing Date: 07-11-2019 Date: 07-11-2019 Business: When matter is called out Complainant is present advocate for Complainant is present Accused is absent advocate for Accused is absent Exh. 17- Advocate for complainant is given warrant application Issue bailable warrant of Rs. 5000/- against the accused as pray Exh. 18- Advocate for complainant is given application for closing cross examination of the complainant BW is issued Adj for warrant report and Cross examination of the complainant Next Purpose: PART HEARD Next Hearing Date: 27-12-2019 Date: 27-12-2019 Business: When called out complainant and advocate present. Accused and advocate present. Exh.19. Adv for accused filed application for adjournment. The complainant to say. Say filed. For cross. Next Purpose: PART HEARD Next Hearing Date: 08-01-2020 Date: 08-01-2020 Business: When called out complainant absent advocate present. Accused absent advocate present. Accused exempted. for cross. Next Purpose: PART HEARD Next Hearing Date: 16-01-2020 Date: 16-01-2020 Business: When called out complainant absent advocate present. Accused absent advocate present. Board is discharged. As Ld M.M.is on leave. Charged is with A.C.M.M.9th court. For cross. Next Purpose: PART HEARD Next Hearing Date: 30-01-2020 Date: 30-01-2020 Business: Board is discharged. As Ld M.M.is on leave. Charged is with A.C.M.M.9th court. Adj for. Next Purpose: PART HEARD Next Hearing Date: 27-02-2020 Date: 27-02-2020 Business: When called out complainant absent advocate present. Accused absent advocate present. Accused exempted. For cross. Next Purpose: PART HEARD Next Hearing Date: 09-04-2020 Date: 09-04-2020 Business: In view of District court Advisory Directions issued by Honourable High court. (Corona Virus) Hence Board is discharged. Adj for. Next Purpose: PART HEARD Next Hearing Date: 23-06-2020 Date: 23-06-2020 Business: As per directions of Hon''ble High Court, due to precautions against corona virus and as there is no urgency in the matter, hence case is adjourned. Next Purpose: PART HEARD Next Hearing Date: 15-09-2020 Date: 15-09-2020 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: PART HEARD Next Hearing Date: 08-12-2020 Date: 08-12-2020 Business: When matter is called out Complainant is absent advocate for Complainant is absent Accused is absent and his advocate is absent Hence, matter is adjourned Next Purpose: PART HEARD Next Hearing Date: 23-02-2021 Date: 23-02-2021 Business: When called out, complainant absent. his advocate present. Accused absent, his advocate present. Accused exempted. Exh .18. Adv for complainant filed application for taking the xerox copy of power of attorney. For cross. Next Purpose: PART HEARD Next Hearing Date: 26-04-2021 Date: 26-04-2021 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: PART HEARD Next Hearing Date: 12-07-2021 Date: 12-07-2021 Business: When matter is called out, Complainant is absent, his advocate present. Accused absent, his advocate absent. 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 ) no passed any adverse order. Hence, matter is adjourned. Next Purpose: PART HEARD Next Hearing Date: 23-08-2021 Date: 23-08-2021 Business: When called out, complainant absent. The witness of the complainant is present Advocate present. Accused and his Advocate are absent. Order passed below Exh.6 . No cross examination of the witness on behalf of the accused. Exh19 Pursis filed by the complainant for closing his evidence. Order filed. Adj for statement U/Sec 313 of CrPC. Next Purpose: PART HEARD Next Hearing Date: 16-09-2021 Date: 16-09-2021 Business: When matter is called out. Complainant is present advocate for the Complainant is present. Accused is absent advocate for the Accused is present. Exh. 20- Advocate for the accused is given application for setting aside the order of No-cross of the witnesses, dtd. 23rd August, 2021. Complainant to say. Advocate for complainant is given say on Exh.20. Adj for order on Exh.20. Next Purpose: PART HEARD Next Hearing Date: 21-10-2021 Date: 21-10-2021 Business: When matter is called out. Complainant is present advocate for the Complainant is present. Accused is absent advocate for the Accused is present. Heard argument of the both advocates on Exh.39. O/Exh.39- The application at Exh.39 is allowed subject to the cost of Rs. 2,000/- payable to the complainant. Adj for Paying cost of Rs. 2,000/- to the complainant and cross examination of the complainant. Next Purpose: PART HEARD Next Hearing Date: 03-12-2021 Date: 03-12-2021 Business: When matter is called out. Complainant is present advocate for the Complainant is present. Accused is absent advocate for the Accused is present. cost of Rs. 2,000/- payable to the complainant. Adj for cross examination of the complainant. Next Purpose: PART HEARD Next Hearing Date: 28-02-2022 Date: 28-02-2022 Business: Ld. M.M. is on Leave charge with Ld. A.C.M.M. 9th court. Hence Board is discharged. adj for. Next Purpose: PART HEARD Next Hearing Date: 29-03-2022 Date: 29-03-2022 Business: When matter is called out. Complainant is absent. Advocate for the Complainant is Present. Accused is absent. Advocate for the Accused is present. Exh. 40- Case is referred for mediation. Adj for mediation report. Next Purpose: PART HEARD Next Hearing Date: 06-04-2022 Date: 06-04-2022 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 mediation report. Next Purpose: PART HEARD Next Hearing Date: 25-07-2022 Date: 25-07-2022 Business: When matter is called out. Complainant is absent advocate for the Complainant is present. Accused is absent advocate for the Accused is absent. Adj for cross examination of the complainant. Next Purpose: PART HEARD Next Hearing Date: 22-11-2022 Date: 22-11-2022 Business: When matter is called out. Complainant is present advocate for the Complainant is present. Accused is absent advocate for the Accused is present. Adj for cross examination of the complainant. Next Purpose: PART HEARD Next Hearing Date: 24-01-2023 Date: 24-01-2023 Business: When matter is called out. Complainant is absent advocate for the Complainant is present. Accused is present advocate for the Accused is present. Adj for cross examination of the complainant. Next Purpose: PART HEARD Next Hearing Date: 04-03-2023 Date: 04-03-2023 Business: When matter is called out. Complainant is present advocate for the Complainant is present. Accused is present advocate for the Accused is absent. Adj for cross examination of the complainant. Next Purpose: PART HEARD Next Hearing Date: 13-07-2023 Date: 13-07-2023 Business: NT Next Purpose: PART HEARD Next Hearing Date: 12-10-2023 Date: 12-10-2023 Business: When matter is called out. Complainant is present advocate for the Complainant is present. Accused is absent advocate for the Accused is absent. Adj for cross examination of the complainant. Next Purpose: PART HEARD Next Hearing Date: 14-12-2023 Date: 14-12-2023 Business: When matter is called on today Complainant is present his advocate is present. O/Below Exh - 06 Accused and advocate both absent despite giving sufficient opportunity to take cross examination of complainant. There is reason to believe that, accused do not want to exercise the right of cross examination in their defence and he is happy in keeping the matter pending. Hence, matter to proceed further without cross examination on behalf of the accused. advocate for complainant mad application for pursis O/Exh- 43 Read and recorded. adj for Next Purpose: PART HEARD Next Hearing Date: 26-02-2024 Date: 26-02-2024 Business: When matter is called on today Complainant is present his advocate is present. Order below Eh. 01 1. Application of complainant to dispense with the statement of the accused is kept in abeyance till next. date. Adj for Next Purpose: PART HEARD Next Hearing Date: 07-05-2024 Date: 07-05-2024 Business: when called out complainant absent and his advocate present. accused absent and his advocate present. Order below Exh. 01 Hence statement of accused u/s 313 stands dispensed with. Adj for defence witness. Next Purpose: PART HEARD Next Hearing Date: 05-06-2024 Date: 05-06-2024 Business: when called out complainant present and his advocate present. accused absent and his advocate present. Exh. 47 VP filed. Exh. 48 application for adjournment. granted. Adj for defence witness. Next Purpose: PART HEARD Next Hearing Date: 25-06-2024 Date: 25-06-2024 Business: when called out complainant present and his advocate present. accused absent and his advocate present. Exh. 48 application for adjournment. rejected. Exh. 49 application for passing dispensing of accused . application allowed. Exh. 50 written argument. seen. Adj for final argument. Next Purpose: For Final Argument Next Hearing Date: 02-09-2024 Date: 02-09-2024 Business: when called out complainant present and his advocate present. accused absent and his advocate present. Adj for final Order. Next Purpose: FOR JUDGMENT Next Hearing Date: 20-09-2024 Date: 20-09-2024 Business: Exh. 43 1. Accused Shyamsunder B. Jangid, Age : 56 years, Occu. Business, R/o.1402, Polaris, Hiranandani Estate, Ghodbunder Road, Thane(W)-400 607, is hereby convicted vide section 255(2) r/w. section 353(6) of The Criminal Procedure Code, for the offence punishable under section 138 of the Negotiable Instrument Act, 1881 and he is sentenced to undergo simple imprisonment for 01 (One) year and to pay fine of Rs.1,14,40,000/- (Rupees One Crore Fourteen Lakhs Forty Thousand only), in default of payment of fine shall suffer further simple imprisonment for further 6 (Six) months. 2. If fine is paid by the accused, the complainant shall be given compensation of Rs.1,14,40,000/- (Rupees One Crore Fourteen Lakhs Forty Thousand only) out of the same u/sec.357(1)(b) of Code of Criminal Procedure. 3. The bail bonds of accused stands cancelled. 4. Issue warrant for arrest u/sec.418(2) of Code of Criminal Procedure against the accused for the purpose of forwarding the accused 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: 20-09-2024
Additional Case Details
Additional Case Details
Filing Number: 5139/2018 Filing Date: 11-06-2018 First Hearing Date: 17th July 2018 Decision Date: 20th September 2024 Court Number And Judge: 58-JUDICIAL MAGISTRATE FIRST CLASS 58TH COURT
Orders
7Final Order 4Full order available
20 Sept 2024
Interim Order 307 May 2024
07 May 2024
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Interim Order 226 Feb 2024
26 Feb 2024
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Interim Order 114 Dec 2023
14 Dec 2023
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Order 307 May 2024
07 May 2024
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Order 226 Feb 2024
26 Feb 2024
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Order 114 Dec 2023
14 Dec 2023
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