Final Order 2

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 and conditions mentioned in Consent Terms Exh.32. Accused
paid Rs.1 lakh and handed over 12 post dated cheques in favour of
complainant against legal liability with promise and assurance to
honour the same. Therefore, complainant is voluntarily not willing to
proceed with the matter. Accordingly, complainant filed application for
withdrawal of the complaint at Exh.34. Hence, I pass following order.
ORDER
1. In veiw of Consent Terms Exh.32, complaint stands dismissed
as withdrawn.
2. The accused are acquitted of the offence punishable
u/sec.138 of The Negotiable Instrument 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.
Mumbai, (M. P. Saraf)
Dated : 04.10.2025. Judicial Magistrate(First Class),
58th Court, Bandra, Mumbai.
J.O.Code-MH01362
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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 : 04.10.2025.
Transcribed and Typed on : 04.10.2025.
Order printed and Signed on : 04.10.2025.
Order Uploaded on : 04.10.2025.
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