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VANDANA GANGADHAR ROHERAVsM-S AHUJA PROERTIES AND ASSOCIATES +2 more

CNR MHMM18006653201858-
CASE DISPOSED
Contested--Accused Convicted
Decision Date: 13th April 2023

TrustJury record updated 25 Sept 2026

Case Overview

Registration Number
1127/2018
Registration Date
08 Jun 2018

Advocates

0

No advocate information is available in this record.

Parties

4

Acts & Sections

1
NEGOTIABLE INSTRUMENTS ACT · Sec 138

Case History / Proceedings

Case History
Date: 30-07-2018
Business: When matter is called out
Complainant is present with his advocate
Heard Argument on Process order
O/exh.1- issue process against the accused u/s. 138 R/w. 141 of the N. I. Act. Summons returnable on 05.09.2018
Next Purpose: NOT HEARD CASES
Next Hearing Date: 05-09-2018

Date: 05-09-2018
Business: When matter is called out
Complainant and his advocate is present
Accused is absent advocate for accused is present
Exh.10- Advocate for accused is given vakalatnama
Exh.11- Advocate for accused is given exemption application
The accused should furnish bail and recorded plea
Adj for Plea of accused
Next Purpose: NOT HEARD CASES
Next Hearing Date: 28-09-2018

Date: 28-09-2018
Business: When matter is called out
Complainant is absent advocate for complainant is present
Accused and his advocate is present
Exh.12- Advocate for Accused is given bail application
The accused is ordered to be released on bail of Rs.15,000/-. The accused is directed to furnish surety or cash bail on next date.
Exh.13 and Exh.14- Accused nos. 2 and 3 are release on P. R. Bond of Rs. 15,000/-
Exh. 15- Accused nos. 1,2 and 3 are recorded plea
Plead not guilty
Adj for Furnish surety or cash bail of the accused and Say on list of document
Next Purpose: PART HEARD
Next Hearing Date: 15-11-2018

Date: 15-11-2018
Business: When called out complainant present.  Ld. Counsel for complainant present.   Accused absent.  Ld. Counsel for accused present.
Complainant is directed to supply the copies of evidence and documents  to the accused.
Ld. Counsel for the accused filed application for permission to deposit cash security.   Permission granted.
Accused complied the bail order.
Case is adjourned for say of accused on admission and denial of documents.
Adjourned to
Next Purpose: PART HEARD
Next Hearing Date: 28-12-2018

Date: 28-12-2018
Business: When called out both parties are absent.  Ld. Counsel for both parties are present.
Complainant and accused are exempted for a day.
Copy of Complaint and other documents are supplied to the accused.
Case is adjourned for say of accused on Admission and denial of documents.
Adjourned to
Next Purpose: PART HEARD
Next Hearing Date: 11-02-2019

Date: 11-02-2019
Business: When called out complainant present advocate absent.
Accused absent advocate present.
Adv for accused filed say on list of documents today.
original documents are exhibited keeping objection for final arguments. Original documents are exhibited viz. Exh. no. 16  to 23 . Case is adjourned for cross of P.W.No. 1. Adjourned to
Next Purpose: PART HEARD
Next Hearing Date: 27-03-2019

Date: 27-03-2019
Business: When called out complainant present with advocate.
Accused absent advocate present.
Accused no. 1 to 3 exempted.
Exh.24. Adv for accused filed adjournment application.
Posted for no cross order.
Next Purpose: PART HEARD
Next Hearing Date: 06-05-2019

Date: 06-05-2019
Business: Ld. M. M. is on summer vacation.
Charge is with M. M. 71st court.
Hence, board is discharged.
Next Purpose: PART HEARD
Next Hearing Date: 14-06-2019

Date: 14-06-2019
Business: When called out complainant present with advocate.
Accused absent advocate present.
For cross of P.W.No.1.
Next Purpose: PART HEARD
Next Hearing Date: 24-07-2019

Date: 24-07-2019
Business: When called out complainant and advocate present.
Accused absent advocate present.
Today order passed on exh.1.
P.W.No.1 is present.
Cross is closed.
Exh.25. Application for adjournment.
Application is rejected.
Exh.26. Adv for complainant filed pursis for close the evidence.
For 313.
Next Purpose: Statement in 1st Session
Next Hearing Date: 13-09-2019

Date: 13-09-2019
Business: Board is discharged.
For Lok Adalat work.
Adj for
Next Purpose: Statement in 1st Session
Next Hearing Date: 23-10-2019

Date: 23-10-2019
Business: When matter is called out
Complainant is absent advocate for Complainant is absent
Accused is absent advocate for Accused is absent
Adj for statement of the accused u/s. 313 of Cr. P. C.
Next Purpose: Statement in 1st Session
Next Hearing Date: 30-11-2019

Date: 30-11-2019
Business: When called out complainant absent advocate present.
Accused absent advocate present.
Accused exempted.
Exh.27. Application u/s. 311 of crpc.
Complainant to say.
Exh.28.Reply to application filed by accused for recalling witness.
Today order passed below exh.27.
Application at exh.27. is allowed to the subject to cost of Rs. 5000/- payable to the complainant.
The cost be paid till next date.
For cost of Rs 5000/- payable to complainant.
Next Purpose: Statement in 1st Session
Next Hearing Date: 21-01-2020

Date: 21-01-2020
Business: N.T.
When called out complainant and advocate present.
Accused absent. advocate present.
Accused exempted today.
Complainant received cost of Rs. 5000/- today.
For cross.
Next Purpose: PART HEARD
Next Hearing Date: 24-01-2020

Date: 24-01-2020
Business: N.T.
When called out complainant and advocate present.
Accused absent advocate present.
For cross.
Next Purpose: PART HEARD
Next Hearing Date: 07-02-2020

Date: 07-02-2020
Business: When called out complainant and advocate present
Accused absent advocate present.
For cross of P.W.NO.1.
Next Purpose: PART HEARD
Next Hearing Date: 16-03-2020

Date: 16-03-2020
Business: Board is discharged
Due to effect of Korona vairus
Adj for.
Next Purpose: PART HEARD
Next Hearing Date: 19-05-2020

Date: 19-05-2020
Business: National Lock down extended up to 31st May 2020
Next Purpose: PART HEARD
Next Hearing Date: 30-07-2020

Date: 30-07-2020
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: PART HEARD
Next Hearing Date: 15-10-2020

Date: 15-10-2020
Business: As Ld M.M.is on leave.
Charge is with Ld. M.M. 71st court.
Adj for.
Next Purpose: PART HEARD
Next Hearing Date: 08-01-2021

Date: 08-01-2021
Business: Board is discharged.
As Ld M.M.is on leave.
Charge is with Ld. M.M.12th court.
Adj for.
Next Purpose: PART HEARD
Next Hearing Date: 26-03-2021

Date: 26-03-2021
Business: When called out, complainant absent, his advocate present.
Accused absent, his advocate present.
For cross of P.W.No.1.
Next Purpose: PART HEARD
Next Hearing Date: 17-06-2021

Date: 17-06-2021
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: 02-09-2021

Date: 02-09-2021
Business: When matter is called out.
Complainant is absent advocate for the Complainant is present.
Accused absent advocate for the Accused is present.
Both advocate on oral request matter is adjourned.
Adj for cross examination of the complainant.
Next Purpose: PART HEARD
Next Hearing Date: 29-12-2021

Date: 29-12-2021
Business: When matter is called out. Complainant is absent advocate for the Complainant is present. Accused absent advocate for the Accused is present.  Adj for cross examination of the complainant.
Next Purpose: PART HEARD
Next Hearing Date: 25-03-2022

Date: 25-03-2022
Business: When matter is called out. Complainant is absent advocate for the Complainant is present. Accused absent advocate for the Accused is present. Adj for cross examination of the complainant.
Next Purpose: PART HEARD
Next Hearing Date: 29-07-2022

Date: 29-07-2022
Business: When matter is called out. Complainant is absent advocate for the Complainant is present. Accused absent advocate for the Accused is present. Adj for cross examination of the complainant
Next Purpose: PART HEARD
Next Hearing Date: 25-08-2022

Date: 25-08-2022
Business: When matter is called out. Complainant is present advocate for the Complainant is present. Accused absent advocate for the Accused is absent. Exh.  29-  application for no cross order over recall of witness by accused. O/- accused to say.
Adj for Say on Exh. 29. and cross examination of the complainant.
Next Purpose: PART HEARD
Next Hearing Date: 01-11-2022

Date: 01-11-2022
Business: When matter is called out. Complainant is present advocate for the Complainant is present. Accused absent advocate for the Accused is present. Exh. 30 adv for complainant filed application to pass order on application for no cross order over recall of witness by accused. Order passed on application accused to say. adj for
Next Purpose: PART HEARD
Next Hearing Date: 15-12-2022

Date: 15-12-2022
Business: Ld. M.M. is on half day leave.
Hence Adj for .
Next Purpose: PART HEARD
Next Hearing Date: 09-02-2023

Date: 09-02-2023
Business: When matter is called out. Complainant is present advocate for the Complainant is present. Accused absent advocate for the Accused is absent.
Order passed below Exh. 29 and 30-  O/- Order passed below Exh. 27. Hence application is disposed. off.
Order passed below Exh. 27 O/- The accused and their advocate are absent. The accused has not paid cost to the complainant. Hence no cross examination on behalf of the accused and case be fixed for statement u/s 313 of CRPC.
Adj for statement of accused u/s 313 of CRPC.
Next Purpose: Statement in 1st Session
Next Hearing Date: 23-02-2023

Date: 09-02-2023
Business: When matter is called out. Complainant is present advocate for the Complainant is present. Accused absent advocate for the Accused is absent.
Order passed below Exh. 29 and 30-  O/- Order passed below Exh. 27. Hence application is disposed. off.
Order passed below Exh. 27 O/- The accused and their advocate are absent. The accused has not paid cost to the complainant. Hence no cross examination on behalf of the accused and case be fixed for statement u/s 313 of CRPC.
Adj for statement of accused u/s 313 of CRPC.
Next Purpose: PART HEARD
Next Hearing Date: 23-02-2023

Date: 23-02-2023
Business: When matter is called out. Complainant is absent advocate for the Complainant is absent. Accused absent advocate for the Accused is absent. Order passed below Exh. 1 O/- Accused are absent. Their statement u/s 313 of CRPC is dispensed with.
Adj for defence witness.
Next Purpose: PART HEARD
Next Hearing Date: 17-03-2023

Date: 17-03-2023
Business: When matter is called out. Complainant is absent advocate for the Complainant is present. Accused absent advocate for the Accused is absent.
Adj for defence witness.
Next Purpose: PART HEARD
Next Hearing Date: 24-03-2023

Date: 24-03-2023
Business: When matter is called out. Complainant is absent advocate for the Complainant is present. Accused absent advocate for the Accused is absent.
Order below Exh. 01- accused are absent. their defence evidence is closed.
Adj for argument and final order.
Next Purpose: For Final Argument
Next Hearing Date: 13-04-2023

Date: 13-04-2023
Business: Exh. 31- Judgment. accused 1. Ahuja Properties and associates. 2. Jagdish Ahuja. 3. Gautam Ahuja are convicted for the offence punishable u/sec. 138 NI act, 1881 in view of the section 255(2) of the criminal procedure code. Accused No. 2 and 3 they shall suffer rigorous imprisonment for 4 months and accused No. 1 to 3 they shall pay the fine of Rs. 1200000/- in default of payment of fine. Accused No. 2 and 3 they shall suffer simple imprisonment for 4 months.
The compensation of Rs. 1150000/- is awarded to the complainant out of the fine.
The accused shall surrender his bail bond.
The original documents filed by complainant be returned to him after the appeal period. Issue non bailable warrant against the accused No. 3 for execution of sentence.
The copy of Judgment be delivered to the accused free of cost.
(judgment is dictated and pronounced in the open court.)
Nature Of Disposal: Accused Convicted
Disposal Date: 13-04-2023

Additional Case Details

Additional Case Details
Filing Number: 5138/2018
Filing Date: 28-10-2017
First Hearing Date: 30th July 2018
Decision Date: 13th April 2023
Court Number And Judge: 58-

Orders

1
Final Order 1Full order available
13 Apr 2023

Order Details: Copy of Judgment Pdf Text: ...1... ककेस क्र मममांक ११२७ /एस.एस./२०१८ ...न् यमयननिर र य... एम.एच.एम.एम.१८००६६५३२०१८ दमखल नदनिममांक : २८.१०.२०१७ ननिकमल नदनिममांक : १३.०४.२०२३ कमलमवधध : ०५ वरर ०५ मनहिनिके १६ नदवस महिमनिगर दमांडमधधकमरध, ५८ वके न् यमयमलय , वममांदके, मममांबई. (पधठमसधनि अधधकमरध शध. मम.यके.वमघ) (सध.एनि. आर.क्र . :- एम.एच.एम.एम.१८००६६५३२०१८) (न् यमयननिर र य फफौजदमरध प्र नक्रयम समां नहितम कलम ३५५ अन्वयके ) ननिशमरध क्र .३१ न् यमयननिर र य (नदनिममांक १३.०४.२०२३) अ) ककेस क्र . : ११२७/एस.एस./२०१८…

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