Order Details: Order Below EX 1 Pdf Text: MHMM180074492018 Summons Cases SS/1179/2018 M/S ASWANI INDUSTRIES PRIVATE LTD. Vs. M/S H.V. ENGINEERING AND CONSTRUCTIONS PVT. LTD. COMPANY IN THE COURT OF JUDICIAL MAGISTRATE(FIRST CLASS), 58TH COURT, BANDRA, MUMBAI ORDER BELOW EXH.01 Complainant, authorised representative of accused, advocates for both parties are present. Both parties have settled their dispute amicably out of court at part heard stage. Accordingly, both parties have entered and executed Consent Terms Exh.32. Both parties admits the terms…
Summons Cases SS - Summons Case SS
M/S ASWANI INDUSTRIES PRIVATE LTD.VsM/S H.V. ENGINEERING AND CONSTRUCTIONS PVT. LTD. COMPANY +1 more
CNR MHMM18007449201858-JUDICIAL MAGISTRATE FIRST CLASS 58TH COURT
CASE DISPOSED
Contested--Withdraw after Filing Affidavit
Decision Date: 04th October 2025
TrustJury record updated 25 Sept 2026
Case Overview
- Registration Number
- 1179/2018
- Registration Date
- 02 Jul 2018
Advocates
0No advocate information is available in this record.
Parties
3Acts & Sections
1NEGOTIABLE INSTRUMENTS ACT · Sec 138
Case History / Proceedings
Case History
Date: 26-09-2018
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
O/exh. 1- issue process against the accused under section 138 R/w. 141 of the Negotiable Instrument Act. Summons returnable on 28.11.2018
Next Purpose: NOT HEARD CASES
Next Hearing Date: 28-11-2018
Date: 28-11-2018
Business: When matter is called out
Complainant is present and his advocate is present
Accused and his advocate is absent
Exh.7- Advocate for complainant is given warrant application
Issue bailable warrant against the accused as pray
Adj for warrant report
Next Purpose: NOT HEARD CASES
Next Hearing Date: 23-01-2019
Date: 23-01-2019
Business: When matter is called out
Complainant and his advocate is present
Accused and his advocate is absent
Exh. 8- Advocate for accused is given vakalatnama
Filed
Exh. 9- Advocate for accused is given application for cancellation of warrant application
Canceled Bailable warrant on penalty of Rs.500/-
Exh. 10- Advocate for accused is given bail application
The accused is release on bail of Rs. 15,000/- with one surety or cash bail of like amount
Exh. 11 and Exh. 12- The accused is release on P. R. Bond and Cash Bond of Rs. 15,000/-
Exh. 13- The accused nos. 1 and 2 are recorded plea
Plead not guilty
Adj for Say on list of document
Next Purpose: PART HEARD
Next Hearing Date: 28-02-2019
Date: 28-02-2019
Business: When called out complainant present with advocate
Accused absent advocate present.
Accused exempted.
For say on document.
Next Purpose: PART HEARD
Next Hearing Date: 16-04-2019
Date: 16-04-2019
Business: When called out complainant present with advocate.
Accused absent advocate present.
Accused exempted.
Exh.14. Application for adjournment.
Granted.
Exh.15. Adv for complainant filed application for interim compensation as per new amendment.
O.S to say.
For say on exh.15.
Today matter is fixed for say of accused on Admission and denial of documents. Accused failed to file say hence original documents are exhibited keeping objection for final arguments. Original documents are exhibited viz. Exh. no. 16 to 26.
Case is adjourned for cross of P.W.No. 1.
Next Purpose: PART HEARD
Next Hearing Date: 22-05-2019
Date: 22-05-2019
Business: When called out complainant present with advocate.
Accused absent advocate present.
Accused no.2 exempted.
Warrant report unexecuted.
Exh.27. Adv for accused say of the accused against the application for interim compensation.
Filed.
For argument on interm application and cross of P.W.No.1.
Next Purpose: PART HEARD
Next Hearing Date: 10-07-2019
Date: 10-07-2019
Business: When matter is called out
complainant is present advocate for Complainant is present
Accused is absent advocate for Accused is absent
Exh. 28- Advocate for complainant is given warrant application
The case is PH proceed further
Adj for Argument on Exh. 15 application u/s. 143-A and cross examination of P. W. No. 1
Next Purpose: PART HEARD
Next Hearing Date: 16-08-2019
Date: 16-08-2019
Business: When matter is called out
Complainant is absent advocate for Complainant is absent
Accused is absent advocate for Accused is present
Exh. 29- Advocate for accused is given application for cancellation of warrant
no warrant. Filed
Adj for Argument on Exh. 15 application u/s. 143-A and cross examination of P. W. No. 1
Next Purpose: PART HEARD
Next Hearing Date: 09-10-2019
Date: 09-10-2019
Business: When matter is called out
Complainant is present advocate for Complainant is present
Accused is absent advocate for Accused is present
Exh. 30- Advocate for accused is given exemption application
P. E. Granted only today
Adj for Argument on Exh. 15 application u/s. 143-A and cross examination of P. W. No. 1
Next Purpose: PART HEARD
Next Hearing Date: 06-12-2019
Date: 06-12-2019
Business: When called out complainant present advocate absent.
Accused present advocate absent.
Today order passed on application for interim at exh.15.
Application is rejected.
for cross.
Next Purpose: PART HEARD
Next Hearing Date: 21-01-2020
Date: 21-01-2020
Business: When called out complainant present advocate absent.
Accused and advocate absent.
For cross.
Next Purpose: PART HEARD
Next Hearing Date: 12-03-2020
Date: 12-03-2020
Business: When called out complainant present advocate absent.
Accused absent advocate present.
For cross.
Next Purpose: PART HEARD
Next Hearing Date: 15-05-2020
Date: 15-05-2020
Reason For Adjournment: National Lock Down extended up to 17th May 2020
Next Purpose: PART HEARD
Next Hearing Date: 28-07-2020
Date: 28-07-2020
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: PART HEARD
Next Hearing Date: 13-10-2020
Date: 13-10-2020
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: 06-01-2021
Date: 06-01-2021
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: 24-03-2021
Date: 24-03-2021
Business: When called out, complainant present, his advocate present.
Accused absent, his advocate present.
For cross.
Next Purpose: PART HEARD
Next Hearing Date: 28-06-2021
Date: 28-06-2021
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: 09-09-2021
Date: 09-09-2021
Business: Ld. M. M. is on leave.
Charge with M. M. 71st court.
Hence, board is discharged.
Next Purpose: PART HEARD
Next Hearing Date: 03-12-2021
Date: 03-12-2021
Business: When matter is called out Complainant is present and his advocate is present accused absent advocate for accused. accused. Adj for warrant report/ summons.
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: 23-05-2022
Date: 23-05-2022
Business: When matter is called out Complainant is present and his advocate is absent accused absent advocate for accused present.
Adj for filing of affidavit of evidence.
Next Purpose: PART HEARD
Next Hearing Date: 05-09-2022
Date: 05-09-2022
Business: When matter is called out Complainant is present and his advocate is absent accused absent advocate for accused present. Adj for
Next Purpose: PART HEARD
Next Hearing Date: 29-11-2022
Date: 29-11-2022
Business: When matter is called out Complainant is present and his advocate is absent accused absent advocate for accused present. Adj for
Next Purpose: PART HEARD
Next Hearing Date: 21-02-2023
Date: 21-02-2023
Business: when matter is call out. complainant present. advocate for complainant present.
Adj for warrant report.
Next Purpose: PART HEARD
Next Hearing Date: 21-07-2023
Date: 21-07-2023
Business: when matter is call out. complainant present. advocate for complainant absent. Adj for cross examination of the complainant.
Next Purpose: PART HEARD
Next Hearing Date: 16-10-2023
Date: 16-10-2023
Business: when matter is call out. complainant present. advocate for complainant absent. accused absent and his advocate present.
Adj for cross examination of the complainant.
Next Purpose: PART HEARD
Next Hearing Date: 15-01-2024
Date: 15-01-2024
Business: L.d. M.M. is on leave charged with 71st court. Hence board is discharged.
Next Purpose: PART HEARD
Next Hearing Date: 28-03-2024
Date: 28-03-2024
Business: when called out. complainant present and his advocate present.
Adj for Cross examination of complainant.
Next Purpose: PART HEARD
Next Hearing Date: 12-08-2024
Date: 12-08-2024
Business: When matter is called out. Complainant is present advocate for the Complainant is absent. Accused is absent Advocate for the Accused is absent. Adj for cross examination of the complainant.
Next Purpose: PART HEARD
Next Hearing Date: 09-12-2024
Date: 09-12-2024
Business: When matter is called out. Complainant is present advocate for the Complainant is absent. Accused is absent Advocate for the Accused is absent. complainant not willing to proceed with the case out of compromised.
Adj for cross examination of the complainant.
Next Purpose: PART HEARD
Next Hearing Date: 31-03-2025
Date: 31-03-2025
Business: Government holiday (Ramzan EID) case kept on 01-04-2025
Next Purpose: PART HEARD
Next Hearing Date: 01-04-2025
Date: 01-04-2025
Business: When matter is called out. Complainant is present advocate for the Complainant is absent. Accused is absent Advocate for the Accused is absent. Application for adjournment. O/- Granted. Adj for cross examination of the complainant.
Next Purpose: PART HEARD
Next Hearing Date: 21-05-2025
Date: 21-05-2025
Business: Ld. JMFC is on vacation leave charge with Ld. JMFC 71st court. Hence board is discharge. adj for.
Next Purpose: PART HEARD
Next Hearing Date: 29-07-2025
Date: 29-07-2025
Business: When matter is called out. Complainant is present advocate for the Complainant is present. Accused is absent Advocate for the Accused is absent. Exh. 31 application for issuance of NBW. Issue NBW against accused as prayed.
Adj for cross examination of the complainant.
Next Purpose: PART HEARD
Next Hearing Date: 20-09-2025
Date: 20-09-2025
Business: Ld. JMFC is on leave charge with Ld. JMFC 71th court. Hence board is discharge.
adj for
Next Purpose: PART HEARD
Next Hearing Date: 04-10-2025
Date: 04-10-2025
Business: Order below Exh. 01
1. In view of consent Terms Exh. 32 complaint stands dismissed as withdrawn.
2. The accused are acquitted of the offense punishable u/s. 138 of the NI act.
3. warrant issued against accused stands cancelled and be recalled back unserved.
4. In view of section 43 of Maharashtra court fees act, court fees be refunded as per rules and stage of proceeding.
5. Order dictated and pronounced in open court.
Nature Of Disposal: Withdraw after Filing Affidavit
Disposal Date: 04-10-2025Additional Case Details
Additional Case Details
Filing Number: 5574/2018 Filing Date: 02-07-2018 First Hearing Date: 26th September 2018 Decision Date: 04th October 2025 Court Number And Judge: 58-JUDICIAL MAGISTRATE FIRST CLASS 58TH COURT
Orders
2Final Order 2Full order available
04 Oct 2025
Final Order 104 Oct 2025
04 Oct 2025
Order Details: Order Below EX 1 Pdf Text: -- 1 of 2 -- -- 2 of 2 --
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