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Summons Cases SS - Summons Case SS

RASENDRA CHEMEXPORT PVT LTDVsPolypet Flexible Packaging Private Limited Company +3 more

CNR MHMM18006760201858-JUDICIAL MAGISTRATE FIRST CLASS 58TH COURT
CASE DISPOSED
Contested--Withdraw after Filing Affidavit
Decision Date: 25th September 2024

TrustJury record updated 25 Sept 2026

Case Overview

Registration Number
1049/2018
Registration Date
18 May 2018

Advocates

0

No advocate information is available in this record.

Parties

5

Acts & Sections

1
NEGOTIABLE INSTRUMENTS ACT · Sec 138

Case History / Proceedings

Case History
Date: 10-08-2018
Business: When called out
Complainant Absent Advocate Absent
Adj. for Filling Affidavit of Evidence and List of Document on
Next Purpose: NOT HEARD CASES
Next Hearing Date: 03-10-2018

Date: 03-10-2018
Business: When matter is called out
Complainant is present with his advocate
Exh.4- Complainant is given verification statement
Adj for affidavit of evidence
Next Purpose: NOT HEARD CASES
Next Hearing Date: 07-12-2018

Date: 07-12-2018
Business: Today Board is discharged
Next Purpose: NOT HEARD CASES
Next Hearing Date: 13-02-2019

Date: 13-02-2019
Business: When called out complainant present with advocate.
Application for adjournment
For evidence.
Next Purpose: NOT HEARD CASES
Next Hearing Date: 03-05-2019

Date: 03-05-2019
Business: Board is discharged.
As ld.M.M.is on summer vacation.
Charge is with A.C.M.M.9th court.
Adj for.
Next Purpose: NOT HEARD CASES
Next Hearing Date: 04-07-2019

Date: 04-07-2019
Business: When matter is called out
Complainant is present advocate for complainant is present
Exh. 6 and Exh. 7- Complainant is given Affidavit of evidence and list of document
All document verified by J. C.
Heard argument on process order
O/Exh.1- Issue process against the accused u/s. 138 r/w. 141 of the Negotiable Instrument Act.
Summons returnable on 04.09.2019
Adj for Summons report
Next Purpose: NOT HEARD CASES
Next Hearing Date: 04-09-2019

Date: 04-09-2019
Business: When called out complainant and advocate present.
Accused and advocate absent.
For summons report.
Next Purpose: NOT HEARD CASES
Next Hearing Date: 18-12-2019

Date: 18-12-2019
Business: Ld. M. M. has gone for training,
Charge with ACMM, 9th Court,
Hence, Board is discharged.
Next Purpose: NOT HEARD CASES AT 2.50 P.M.
Next Hearing Date: 05-02-2020

Date: 05-02-2020
Business: When matter is called out Advocate for complainant is present. Advocate is given application for issuance of non bailable warrant against accused no.2 and 3. Issued bailable warrant against accused no. 2 and 3. Adj for warrant report.
Next Purpose: Awaiting execution of Service Summons/BW
Next Hearing Date: 20-04-2020

Date: 20-04-2020
Reason For Adjournment: National Lock Down extended up to 3rd May 2020
Next Purpose: Awaiting execution of Service Summons/BW
Next Hearing Date: 01-07-2020

Date: 01-07-2020
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: Awaiting execution of Service Summons/BW
Next Hearing Date: 08-10-2020

Date: 08-10-2020
Business: Ld. M.M. is on Leave, Charge is with Ld M.M. 71st Court, Board is discharged. Adj for
Next Purpose: Awaiting execution of Service Summons/BW
Next Hearing Date: 25-01-2021

Date: 25-01-2021
Business: Board is discharged.
As Ld M.M.is on leave.
Charge is with Ld. M.M.12th court.
Adj for.
Next Purpose: Awaiting execution of Service Summons/BW
Next Hearing Date: 10-05-2021

Date: 10-05-2021
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: Awaiting execution of Service Summons/BW
Next Hearing Date: 12-08-2021

Date: 12-08-2021
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. 06- Advocate for the accused is given vakalatnama.
Filed.
Exh. 07- Advocate for the accused is given exemption application.
Granted.
Adj for Plea of the accused.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 13-10-2021

Date: 13-10-2021
Business: When matter is called out Complainant absent and his advocate is Present. Accused is absent. Advocate for accused is present. Exh. 8 Advocate for accused is given application for exemption of accused. The accused having same symptoms of covid 19 Thus cannot be travelled. Hence exemption is granted. Advocate for accused is given application for undertaking to filing V. P. on next date. Filed. Adj for
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 13-12-2021

Date: 13-12-2021
Business: When Matter is called out Complainant is absent advocate for complainant is present.
Accused absent his advocate is present.
Advocate for accused filed application for undertaking vakalatnama on next date
O/Exh- 10 Filed.
 Advocate for accused filed application for Exemption of the accused.
O/Exh- 11  The exemption is granted as accused no. 02 is found positive for covid -19 others accused are his family members Hence they can not be permitted to travel.
Adj for plea of accused.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 01-02-2022

Date: 01-02-2022
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: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 13-07-2022

Date: 13-07-2022
Business: when called out. complainant absent and his advocate present. accused absent and his advocate present. Exh. 12- VP. filed.  Exh. 13-  application for payment of cheque amount alongwith interest. O/-  The complainant to say. Today say filed by complainant. Exh. 14- Application for exemption of accused No. 2 to 4. O/-  Allowed. Exh. 15- Application for issue of NBW against accused No. 2,3 and 4. O/-  Application is rejected.
adj for Plea of the accused.
adj for further taken steps.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 23-09-2022

Date: 23-09-2022
Business: When matter is called out. complainant absent and his advocate present.
Accused present and his advocate present. Exh. 16- application for bail.
O/- accused released on PB and cash security of Rs. 5000/- Exh. 17 PR and cash bond. Exh. 18- plea of the accused is recorded.
Adj for plea of the accused
Next Purpose: CHARGE FRAMED  - Framing of Charge / Plea
Next Hearing Date: 13-10-2022

Date: 13-10-2022
Business: Today case is TOB
When matter is called out.
Accused present and his advocate present. Exh. 19- Allowed.
Exh. 20 application for bail.
O/- accused released on PB and cash security of Rs. 5000/- Exh. 21 PR and cash bond. Exh. 22- plea of the accused is recorded.
Adj for plea of the accused No. 3.
Next Purpose: CHARGE FRAMED  - Framing of Charge / Plea
Next Hearing Date: 24-11-2022

Date: 24-11-2022
Business: When matter is called out Complainant present and his advocate is present. Accused is absent. Advocate for accused is present.  Advocate for complainant is given application for non bailable warrant against accused no.3. Issued non bailable warrant against accused no.3. Advocate for accused filed application for exemption of accused no.1 to 4. Order passed the accused no.3 has not furnish bail. Hence his appearance is required for plea and bail. The advocate still not filed vakalatnama for accused no.3. Hence application is rejected. Adj for warrant report
Next Purpose: Awaiting execution of service NBW
Next Hearing Date: 12-12-2022

Date: 12-12-2022
Business: Case today TOB
When matter is called out. Accused present and his advocate present.
Exh. 15 VP filed. Exh. 16 Allowed. Exh. 17 Application for cancellation of warrant. O/- warrant is cancelled subjected to penalty of Rs.2000/- Exh. Application for bail. O/- accused be released on PB and cash security of Rs. 6000/-.  Exh. 19 PR and cash bond. Exh 20 Plea of the accused.
Adj for filling of affidavit of evidence.
Next Purpose: FOR HEARING
Next Hearing Date: 20-01-2023

Date: 20-01-2023
Business: When matter is called out. 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: 03-03-2023

Date: 03-03-2023
Business: When matter is called out. 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: 26-04-2023

Date: 26-04-2023
Business: Ld. M.M. is on leave. charged with Ld. M.M. 12th court.
Hence board is discharged.
Adj for .
Next Purpose: PART HEARD
Next Hearing Date: 04-07-2023

Date: 04-07-2023
Business: When matter is called out. 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: 31-08-2023

Date: 31-08-2023
Business: When matter is called out. complainant absent and his advocate present. Accused absent and his advocate present. Exh. 45 application for exemption.
Adj for Cross examination of the complainant.
Next Purpose: PART HEARD
Next Hearing Date: 31-10-2023

Date: 31-10-2023
Business: When matter is called out. complainant present and his advocate present. Accused absent and his advocate absent. Adj for Cross examination of the complainant.
Next Purpose: PART HEARD
Next Hearing Date: 20-12-2023

Date: 20-12-2023
Business: When matter is called out. complainant present and his advocate present. Accused absent and his advocate present.
Exh. 46  application for exemption. granted.
Adj for Cross examination of the complainant.
Next Purpose: PART HEARD
Next Hearing Date: 13-02-2024

Date: 13-02-2024
Business: When matter is called out. complainant present and his advocate present. Accused absent and his advocate present. Exh. 47 application for exemption. granted. Adj for Cross examination of the complainant.
Next Purpose: PART HEARD
Next Hearing Date: 18-03-2024

Date: 18-03-2024
Business: L.d M.M is on leave. Hence Board is discharged. Charge with M.M. 71st court.
Next Purpose: PART HEARD
Next Hearing Date: 03-05-2024

Date: 03-05-2024
Business: When matter is called out. complainant present and his advocate present. Accused absent and his advocate absent. Exh. 48 application for issuance of NBW A. NO. to 4. O/- Issue NBW against accused as prayed.
Adj for Cross examination of the complainant.
Next Purpose: PART HEARD
Next Hearing Date: 26-06-2024

Date: 26-06-2024
Business: When matter is called out. complainant present and his advocate present. Accused absent and his advocate absent. Adj for Cross examination of the complainant.
Next Purpose: PART HEARD
Next Hearing Date: 25-09-2024

Date: 25-09-2024
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. Order dictated and pronounced in open court.
Nature Of Disposal: Withdraw after Filing Affidavit
Disposal Date: 25-09-2024

Additional Case Details

Additional Case Details
Filing Number: 4643/2018
Filing Date: 18-05-2018
First Hearing Date: 10th August 2018
Decision Date: 25th September 2024
Court Number And Judge: 58-JUDICIAL MAGISTRATE FIRST CLASS 58TH COURT

Orders

2
Final Order 2
25 Sept 2024
Order Details: Order Below EX 1
Pdf Text: MHMM180067602018
Summons Cases SS/1049/2018
Rasendra Chemexport Pvt Ltd Vs. Polypet Flexible
Packaging Private Limited Company
IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS, 58TH
COURT, BANDRA, MUMBAI
ORDER BELOW EXH.01
Complainant and advocate present. The complainant is not
ready and willing to proceed with the case. The case is part heard.
Both parties have settled the dispute amicably out of court.
Accordingly, he has filed application at Exh.49 for withdrawal of
the complaint. Hence, I pass following order.
ORDER
1. Complaint stands dismissed as withdrawn.
2. The accused are acquitted of the offence punishable
u/sec.138 of The Negotiable Instrument Act.
3. Order dictated and pronounced in open court.
( M. P. Saraf )
Judicial Magistrate First Class,
Date : 25.09.2024 58th Court, Bandra, Mumbai.
J.O.Code: MH01362
-- 1 of 2 --
CERTIFICATE
I affirm that the contents of this P.D.F. file Order are same, word to word as per the
original Order.
Name of Stenographer : Mrs. Aditi Ravikiran Dalvi
Court : Judicial Magistrate(First Class), 58th Court, Bandra,
Mumbai.
Dictated in open court on : 25.09.2024.
Transcribed and Typed on : 25.09.2024.
Order printed and Signed on : 25.09.2024.
Order Uploaded on : 25.09.2024.
-- 2 of 2 --
Final Order 1
25 Sept 2024
Order Details: Order Below EX 1
Pdf Text: -- 1 of 2 --
-- 2 of 2 --

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