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Summary Cases

MR. SURAJ KOTIANVsSMT. NISHWINDER KAUR HARDEEPSINGH CHADDA

CNR MHMM18007734202158-JUDICIAL MAGISTRATE FIRST CLASS 58TH COURT
CASE DISPOSED
Contested--Accused Acquitted
Decision Date: 26th November 2024

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number
5800053/2021
Registration Date
26 Nov 2021

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    2
    Indian Penal Code · Sec 420
    NEGOTIABLE INSTRUMENTS ACT · Sec 138

    Case History / Proceedings

    Case History
    Date: 15-01-2022
    Business: As per direction of SOP issued by Honable H.C. and Honable CMM. Mumbai office order No. Estt. 16/26/2022 dt. 7.1.22. No order due to SOP for Covid. Hence case is adj.
    Next Purpose: FOR VERIFICATION
    Next Hearing Date: 23-02-2022
    
    Date: 23-02-2022
    Business: When matter is called out Complainant and his advocate is present Exh. 6- Complainant is given verification statement Read and recorded O/Exh.1- Issue process against the accused u/s. 138 of the Negotiable Instrument Act Adj for summons report
    Next Purpose: Awaiting execution of Service Summons/BW
    Next Hearing Date: 31-05-2022
    
    Date: 31-05-2022
    Business: when called out complainant absent and his advocate present. accused absent and his advocate present.
    Exh. 7- V. P. filed. Exh. 8 -  application for bail. O/- accused be released on PB and Cash security of Rs. 10000/- Exh. 9 - 10-  PR bond and Cash bond. Exh. 11- plea of the accused. Exh. 12 -  application u/s 143  A(2) O/- Accused to say.
    Adj for filing of affidavit of evidence.
    Next Purpose: FOR HEARING
    Next Hearing Date: 03-08-2022
    
    Date: 03-08-2022
    Business: when called out complainant present and his advocate present. accused present and his advocate present.
    Today case is referred to Mediation.
    Adj for Mediation report and filing of affidavit of evidence.
    Next Purpose: FOR HEARING
    Next Hearing Date: 02-11-2022
    
    Date: 02-11-2022
    Business: when called out complainant present and his advocate present. accused present and his advocate present. Exh. 15- Affidavit of examination in chief. filed. Exh. 16- List of document. filed.
    Adj for say on list of document and cross examination of the complainant.
    Next Purpose: PART HEARD
    Next Hearing Date: 31-01-2023
    
    Date: 31-01-2023
    Business: Ld M.M. is on leave. Hence Board is discharge. Charge with Ld ACMM 9th court. Adj for
    Next Purpose: PART HEARD
    Next Hearing Date: 18-03-2023
    
    Date: 18-03-2023
    Business: Ld. M.M. is on leave charge 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 called out complainant present and his advocate present. accused absent and his advocate present.
    Exh. 28 application for exemption. granted.
    Adj for say on list of document and cross examination of the complainant.
    Next Purpose: PART HEARD
    Next Hearing Date: 20-10-2023
    
    Date: 20-10-2023
    Business: when called out complainant present and his advocate present. accused absent and his advocate present.
    Exh. 29  application for  exhibit of document.  filed. Exh. 30-37 List of document exhibited.  Exh. 38 application for NBW. O/- keep for order next. date. Exh. 39 application for exemption. granted.
    Adj for say on list of document and cross examination of the complainant.
    Next Purpose: PART HEARD
    Next Hearing Date: 06-12-2023
    
    Date: 06-12-2023
    Business: when called out complainant present and his advocate present. accused absent and his advocate present.
     Cross examination of CW 01 Suraj Vasudeva Kotian by advocate Mr. S. M. Shirsat for the accused.
    Cross examination deferred till next date.
    Adj for  cross examination of the complainant.
    Next Purpose: PART HEARD
    Next Hearing Date: 05-02-2024
    
    Date: 05-02-2024
    Business: when called out complainant absent and his advocate present. accused present and his advocate present.
    Exh. 40 application for exemption. granted.
    Adj for cross examination of the complainant.
    Next Purpose: PART HEARD
    Next Hearing Date: 28-02-2024
    
    Date: 28-02-2024
    Business: when called out complainant present and his advocate present. accused present and his advocate present. Adj for cross examination of the complainant.
    Next Purpose: PART HEARD
    Next Hearing Date: 23-04-2024
    
    Date: 23-04-2024
    Business: when called out complainant present and his advocate present. accused present and his advocate present.
    Further cross examination of CW 01 Suraj Vasudeva Kotian by advocate Mr. S. M. Shirsat for the accused.
    Cross examination is over. Evidence of complainant closed.  Statement of accused u/s 313 is recorded. accused do want to lead evidence.
    Exh. 40  application for submitting the bank statement. Production allowed.
    Hence defence evidence closed.
    Adj  final argument.
    Next Purpose: For Final Argument
    Next Hearing Date: 10-05-2024
    
    Date: 10-05-2024
    Business: when called out complainant present and his advocate present. accused absent and his advocate present.  Exh.  42 application for exemption. rejected.
    Adj final argument.
    Next Purpose: For Final Argument
    Next Hearing Date: 22-05-2024
    
    Date: 22-05-2024
    Business: when called out complainant absent and his advocate present. accused absent and his advocate absent.
    Adj for final argument.
    Next Purpose: For Final Argument
    Next Hearing Date: 25-06-2024
    
    Date: 25-06-2024
    Business: when called out complainant present and his advocate present. accused absent and his advocate absent. Adj for final argument.
    Next Purpose: For Final Argument
    Next Hearing Date: 31-07-2024
    
    Date: 31-07-2024
    Business: Ld. M.M. is on leave charge with Ld. M.M. 12th court. Hence board is discharge.
    adj for.
    Next Purpose: For Final Argument
    Next Hearing Date: 13-08-2024
    
    Date: 13-08-2024
    Business: when called out complainant present and his advocate present. accused absent and his advocate present. Exh.43 Advocate for complainant filed written argument. O/- Read and record. Exh. 44 Advocate for accused filed written argument. O/- Seen Adj for final order
    Next Purpose: FOR JUDGMENT
    Next Hearing Date: 03-09-2024
    
    Date: 03-09-2024
    Business: When matter is called out. complainant is present. Advocate for complainant is present. accused absent his advocate present. Adj for final order.
    Next Purpose: FOR JUDGMENT
    Next Hearing Date: 18-10-2024
    
    Date: 18-10-2024
    Business: When matter is called out. complainant is present. Advocate for complainant is present. accused absent his advocate present. Adj for final order.
    Next Purpose: FOR JUDGMENT
    Next Hearing Date: 13-11-2024
    
    Date: 13-11-2024
    Business: When matter is called out. complainant is present. Advocate for complainant is present. accused present his advocate present. Adj for final order.
    Next Purpose: FOR JUDGMENT
    Next Hearing Date: 26-11-2024
    
    Date: 26-11-2024
    Business: Exh. 45.
    1. Accused is acquitted for the offence punishable u/s 138 of the NI at, 1881 in view of section 255(1) of the Criminal procedure code.
    2. The bail bond of the accused stands cancelled.
    3. The accused to comply sec. 437(A) of Cr. P.C.  and furnish surety for further period of six months from today.
    (Judgment is dictated and pronounced in the open court.)
    Nature Of Disposal: Accused Acquitted
    Disposal Date: 26-11-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 7009709/2021
    Filing Date: 25-11-2021
    First Hearing Date: 15th January 2022
    Decision Date: 26th November 2024
    Court Number And Judge: 58-JUDICIAL MAGISTRATE FIRST CLASS 58TH COURT

    Orders

    7
    Final Order 4Full order available
    26 Nov 2024

    Order Details: Copy of Judgment Pdf Text: Summary Cases/5800053/2021 Judgment Exh.45 MHMM180077342021 Filed on : 25.11.2021. Decided on : 26.11.2024. Duration : 03-Y 00-M 01-D. IN THE COURT OF JUDICIAL MAGISTRATE (FIRST CLASS), 58TH COURT, BANDRA, MUMBAI. (Presided over by M. P. Saraf) Summary Cases/5800053/2021 (CNR NO.MHMM180077342021) Exh.45 MR. SURAJ KOTIAN Age : 41 years, R/o. Flat No.42, 4th Floor, Vakola Masjid Road, Kadam Wadi, Santacruz(E), Opp. To Kwality Restaurant and Bar, Mumbai 400 050. …. Complainant. Versus SMT. NISHWINDERKAUR…

    Read Full Order
    Interim Order 3
    23 Apr 2024
    Order Details: Copy of Document.
    Pdf Text: -- 1 of 2 --
    -- 2 of 2 --
    Interim Order 2Full order available
    23 Apr 2024

    Order Details: Copy of Document. Pdf Text: 10 C.C.No.53/SS/2021 CW-1 Exh.15 23. Whatever stated by me in my evidence affidavit is true and correct and in token thereof I have signed the affidavit. (M. P. Saraf) Date : 06.12.2023 Metropolitan Magistrate, 58th Court, Bandra, Mumbai. Cross examination of CW-01- Suraj Vasudeva Kotian by advocate Mr. S.M.Shirsat for the accused : 24. I can understand Marathi language. I am serving in Indigo Airlines since last 16 years as a Assistant Manager.…

    Read Full Order
    Interim Order 1
    06 Dec 2023
    Order Details: Copy of Document.
    Pdf Text: -- 1 of 2 --
    -- 2 of 2 --
    Order 3
    23 Apr 2024
    Order Details: Copy of Document.
    Pdf Text: -- 1 of 2 --
    -- 2 of 2 --
    Order 2Full order available
    23 Apr 2024

    Order Details: Copy of Document. Pdf Text: 10 C.C.No.53/SS/2021 CW-1 Exh.15 23. Whatever stated by me in my evidence affidavit is true and correct and in token thereof I have signed the affidavit. (M. P. Saraf) Date : 06.12.2023 Metropolitan Magistrate, 58th Court, Bandra, Mumbai. Cross examination of CW-01- Suraj Vasudeva Kotian by advocate Mr. S.M.Shirsat for the accused : 24. I can understand Marathi language. I am serving in Indigo Airlines since last 16 years as a Assistant Manager.…

    Read Full Order
    Order 1
    06 Dec 2023
    Order Details: Copy of Document.
    Pdf Text: -- 1 of 2 --
    -- 2 of 2 --

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