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Summons Cases SS - Summons Case SS

MISS. ADITI SHANTARAM KHAIREVsShastri Developers LLP +2 more

CNR MHMM18006750201858-JUDICIAL MAGISTRATE FIRST CLASS 58TH COURT
CASE DISPOSED
Uncontested--Case Withdrawn Accused Acquitted
Decision Date: 31st October 2023

TrustJury record updated 25 Sept 2026

Case Overview

Registration Number
1037/2018
Registration Date
10 May 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: 19-07-2018
Business: When matter is called out
Complainant is present with his advocate
Exh.4 to Exh.6- Complainant is given verification statement, affidavit of evidence and list of document
Heard Argument on process issue order
O/exh.1- issue process against the accused u/s. 138 R/w. 141 of the N. I. Act. Summons returnable on 27.08.2018
Next Purpose: NOT HEARD CASES
Next Hearing Date: 27-08-2018

Date: 27-08-2018
Business: When matter is called out
Complainant is absent advocate for complainant is present
Accuse and his advocate is present
Exh.7- Advocate for accused is given vakalatnama
Exh.8- Advocate for accused is given bail application
Accused be release on bail of Rs.15,000/- with one surety or cash bail
Exh.9 and Exh.10- Accused be release on P. R. Bond and Cash Bail of Rs.15,000/-
Exh.11- Accused Nos.1 and 2 are recorded plea
Adj for Say on document
Next Purpose: FOR HEARING
Next Hearing Date: 05-10-2018

Date: 05-10-2018
Business: When called out complainant present.  Ld. Counsel for complainant present.
Accused absent.  Ld. Counsel for accused present.
Complainant requested date to serve the copies of evidence affidavit and documents 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: 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.
Accused failed to file say on admission and denial of documents. Hence original documents are exhibited keeping objection open for final arguments.
Original documents are exhibited viz. Exh. no. 12 to 20.
Case is adjourned for cross of P.W.No. 1.
Adjourned to
Next Purpose: PART HEARD
Next Hearing Date: 27-12-2018

Date: 27-12-2018
Business: When called out complainant present. Ld. Counsel for complainant present.  Accused absent.  LD. Counsel for accused present.
P.W.NO. 1 Ms. Aditi Khaire resumed on S.A. for cross examination.
Article \''A\'' - Copy of allotment letter dt. 04-05-2015.
Cross examination of witness is partly recorded.
Further cross examination is deferred till next date as per adjournment application filed by Ld. Counsel for accused.
Adjourned to
Next Purpose: PART HEARD
Next Hearing Date: 12-02-2019

Date: 12-02-2019
Business: When called out complainant present with advocate.
Accused absent advocate present.
Further cross exam of P.W.No. 1. Ms. Aditi Khaire on behalf of the accused by advocate Mrs. Rama Subramanaian.
(The cross exam is differed to production of income - tax statement.)
For further cross.
Next Purpose: PART HEARD
Next Hearing Date: 15-03-2019

Date: 15-03-2019
Business: When called out complainant present with advocate.
Accused present advocate absent.
Exh. 21. Adv for complainant filed copy of I.T returns.
The production is allowed.
For further cross.
Next Purpose: PART HEARD
Next Hearing Date: 11-04-2019

Date: 11-04-2019
Business: When matter is called out
Complainant is present advocate for complainant is present
Accused is present advocate for accused is absent
Exh. 22- Accused is given adjournment application
The complainant opposed the application by oral submission on last chance is granted and posted for no cross order
Adj for No Cross Order
Next Purpose: PART HEARD
Next Hearing Date: 13-05-2019

Date: 13-05-2019
Business: When called out complainant  present with advocate.
Accused and advocate absent.
Exh.23. Adv for complainant filed pursis for close the evidence
For 313.
Next Purpose: Statement in 1st Session
Next Hearing Date: 17-06-2019

Date: 17-06-2019
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- Trial is summary in nature. The accused are absent. Statement u/s. 313 of Cr. P. C. is dispensed
Adj for Defence evidence of the accused
Next Purpose: Statement in 1st Session
Next Hearing Date: 15-07-2019

Date: 15-07-2019
Business: When matter is called out
Complainant is present advocate for Complainant is Present
Accused is present advocate for Accused is present
Exh. 24- Advocate for accused is given adjournment application
Last chance is granted
Adj for Defence evidence of the accused
Next Purpose: Statement in 1st Session
Next Hearing Date: 01-08-2019

Date: 01-08-2019
Business: When called out complainant present with advocate.
Accused and advocate absent.
Today order passed on exh.1.
The accused is absent.
Defence evidence is closed.
For argument.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 13-09-2019

Date: 13-09-2019
Business: Board is discharged.
For Lok Adalat work.
Adj for
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 11-10-2019

Date: 11-10-2019
Business: When matter is called out
Complainant is present advocate for Complainant is present
Accused is present advocate for Accused is absent
Adj for final argument
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 03-12-2019

Date: 03-12-2019
Business: When called out complainant and advocate present.
Accused and advocate present.
Exh.25. Adv for accused filed application on behalf of accused praying for setting aside the order passed on 1.8.19.
Complainant to say.
Say filed today.
For argument on exh.25. and final argument.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 10-01-2020

Date: 10-01-2020
Business: When called out complainant and advocate present.
Accused and advocate present.
for argument on exh.25 and final argument.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 04-02-2020

Date: 04-02-2020
Business: N.T.
When called out complainant absent advocate present.
Accused absent advocate present.
For argument on exh. 25 and final argument.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 28-02-2020

Date: 28-02-2020
Business: When called out complainant and advocate present.
Accused and advocate present.
For argument on exh. 25 and final argument.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 16-03-2020

Date: 16-03-2020
Business: Board is discharged
Due to effect of Korona vairus
Adj for.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 17-04-2020

Date: 17-04-2020
Reason For Adjournment: National Lock Down extended up to 3rd May 2020
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 15-05-2020

Date: 15-05-2020
Reason For Adjournment: National Lock Down extended up to 17th May 2020
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 18-06-2020

Date: 18-06-2020
Business: As per direction 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: FOR ARGUMENTS
Next Hearing Date: 21-07-2020

Date: 21-07-2020
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: FOR ARGUMENTS
Next Hearing Date: 28-08-2020

Date: 28-08-2020
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: FOR ARGUMENTS
Next Hearing Date: 05-10-2020

Date: 05-10-2020
Business: As Ld M.M.is on leave.
Charge is with Ld. M.M. 71st court.
Adj for.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 12-11-2020

Date: 12-11-2020
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: FOR ARGUMENTS
Next Hearing Date: 04-01-2021

Date: 04-01-2021
Business: Board is discharged.
As Ld M.M.is on leave.
Charge is with Ld. M.M.12th court.
Adj for.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 23-02-2021

Date: 23-02-2021
Business: When called out, complainant present., his advocate present.
Accused absent, his advocate absent.
Today order passed below exh.25.
Application at exh.25 is allowed subject to cost of Rs. 3000/- payable to the complainant.
For comply order at exh.25. and final argument.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 10-03-2021

Date: 10-03-2021
Business: When called out, complainant present,his advocate present.
Accused absent, his advocate absent.
For comply order at exh.25 and final argument.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 12-05-2021

Date: 12-05-2021
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: FOR ARGUMENTS
Next Hearing Date: 06-07-2021

Date: 06-07-2021
Business: When matter is called out, Both parties are 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: FOR ARGUMENTS
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 is absent advocate for the Accused is absent.
Adj for Paying cost of Rs.3,000/- to the complainant and cross examination of the Defance witness.
Next Purpose: PART HEARD
Next Hearing Date: 12-11-2021

Date: 12-11-2021
Business: When matter is called out.
Complainant is present. Advocate for the Complainant is present.
Accused no.02 is present. Advocate for the Accused is absent.
Exh. 22- Accused No.02 is given adjournment application.
Granted till next date.
Adj for paying cost of Rs. 3,000/- to the complainant and defence witness of the accused.
Next Purpose: PART HEARD
Next Hearing Date: 04-12-2021

Date: 04-12-2021
Business: When matter is called out. Complainant is present. Advocate for the Complainant is present. Accused  absent. Advocate for the Accused is present. Adj for defence witness of the accused.
Next Purpose: PART HEARD
Next Hearing Date: 08-03-2022

Date: 08-03-2022
Business: When matter is called out. Complainant is present. Advocate for the Complainant is present. Accused present.
Adj for defence witness of the accused.
Next Purpose: PART HEARD
Next Hearing Date: 07-06-2022

Date: 07-06-2022
Business: When matter is called out. Complainant is present. Advocate for the Complainant is present. Accused present. Exh. 23- application for close the defense witness of the accused. O/- adjournment is granted to the accused on her application Hence her evidence can not be closed In the result, application is rejected.  Exh. 24  application for adjournment. O/- adjournment is granted subject to cost of Rs.  1500/-
Adj for defence witness of the accused.
Next Purpose: PART HEARD
Next Hearing Date: 30-07-2022

Date: 30-07-2022
Business: When matter is called out. Complainant is present. Advocate for the Complainant is present. Accused present.
Exh. 24- application for Adjournment.
O/- Adjournment is granted subjected to  cost of Rs. 1500/-
Adj for defence witness of the accused.
Next Purpose: PART HEARD
Next Hearing Date: 29-09-2022

Date: 29-09-2022
Business: When matter is called out. Complainant is present. Advocate for the Complainant is present. Accused present.
Adj for defence witness of the accused.
Next Purpose: PART HEARD
Next Hearing Date: 05-11-2022

Date: 05-11-2022
Business: When matter is called out. Complainant is present. Advocate for the Complainant is present. Accused present. Today case is referred Mediation.
Adj for defence witness of the accused.
Next Purpose: PART HEARD
Next Hearing Date: 27-01-2023

Date: 27-01-2023
Business: When matter is called out. Complainant is present. Advocate for the Complainant is present. Accused absent advocate for accused present.
Adj for defence witness of the accused.
Next Purpose: PART HEARD
Next Hearing Date: 15-02-2023

Date: 15-02-2023
Business: When matter is called out. Complainant is present. Advocate for the Complainant is present. Accused absent advocate for accused present. Exh. 25-  application for adjournment. O/- Complainant to say.
Adj for defence witness of the accused.
Next Purpose: PART HEARD
Next Hearing Date: 03-06-2023

Date: 03-06-2023
Business: Ld. M.M. is transferred. charged with Ld. M.M. 12th court. Hence, Board is discharged. Adj for .
Next Purpose: PART HEARD
Next Hearing Date: 15-07-2023

Date: 15-07-2023
Business: When matter is called out. Complainant is present. Advocate for the Complainant is present. Accused present advocate for accused present. Exh. 26 statement of accused u/s. 313 is recorded.
Adj for defence witness of the accused.
Next Purpose: PART HEARD
Next Hearing Date: 13-10-2023

Date: 13-10-2023
Business: When matter is called out. Complainant is present. Advocate for the Complainant is present. Accused absent advocate for accused present.
Adj for defence witness of the accused.
Next Purpose: PART HEARD
Next Hearing Date: 21-10-2023

Date: 21-10-2023
Business: Ld. MM is on leave charge with
Ld. MM. 32nd court.
Hence board is discharged.
Adj for.
Next Purpose: PART HEARD
Next Hearing Date: 31-10-2023

Date: 31-10-2023
Business: Order below Exh. 01-
1. The complaint stands dismissed as withdrawn.
2. The accused are acquitted of the offence punishable u/s. 138 of the NI act.
3.  Warrant if any against the accused stand cancelled and be recalled back unserved.
4. Order dictated and pronounced in open court.
Nature Of Disposal: Case Withdrawn Accused Acquitted
Disposal Date: 31-10-2023

Additional Case Details

Additional Case Details
Filing Number: 4497/2018
Filing Date: 10-05-2018
First Hearing Date: 19th July 2018
Decision Date: 31st October 2023
Court Number And Judge: 58-JUDICIAL MAGISTRATE FIRST CLASS 58TH COURT

Orders

4
Final Order 3
31 Oct 2023
Order Details: Order Below EX 1
Pdf Text: -- 1 of 1 --
Final Order 2
31 Oct 2023
Order Details: Order Below EX 1
Pdf Text: -- 1 of 1 --
Interim Order 1
15 Jul 2023
Order Details: Order Below EX 1
Pdf Text: -- 1 of 3 --
-- 2 of 3 --
-- 3 of 3 --
Order 1
15 Jul 2023
Order Details: Order Below EX 1
Pdf Text: -- 1 of 3 --
-- 2 of 3 --
-- 3 of 3 --

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