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Summons Cases SS - Summons Case SS

Jayesh Veljibhai JataniaVsM/s. Heena High Tech Developers +3 more

CNR MHMM18007867201958-JUDICIAL MAGISTRATE FIRST CLASS 58TH COURT
CASE DISPOSED
Contested--Withdraw after Filing Affidavit
Decision Date: 07th February 2026

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
5801086/2019
Registration Date
03 Oct 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    5

    Acts & Sections

    1
    NEGOTIABLE INSTRUMENTS ACT · Sec 138

    Case History / Proceedings

    Case History
    Date: 06-12-2019
    Business: When matter is called out Complainant is present with Advocate. Exh.4 Complainant is given Verification statement. Document verified by J.C. Advocate is given Miscellaneous application. Application is allowed. O/exh.1- issue process against the accused under section 138 of the Negotiable Instrument Act. Summons returnable on 05.03.2020. Adj for summons report.
    Next Purpose: Awaiting services of notice / summons
    Next Hearing Date: 05-03-2020
    
    Date: 05-03-2020
    Business: When called out complainant and advocate present.
    Accused and advocate absent.
    For report.
    Next Purpose: Awaiting services of notice / summons
    Next Hearing Date: 27-04-2020
    
    Date: 27-04-2020
    Reason For Adjournment: National Lock Down extended up to 3rd May 2020
    Next Purpose: Awaiting services of notice / summons
    Next Hearing Date: 23-07-2020
    
    Date: 23-07-2020
    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: Awaiting services of notice / summons
    Next Hearing Date: 02-11-2020
    
    Date: 02-11-2020
    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 services of notice / summons
    Next Hearing Date: 16-02-2021
    
    Date: 16-02-2021
    Business: When called out, complainant and his advocate present.
    Accused and his adocate absent.
    Exh.6. Summon report executed.
    Exh.7. Application for Bw against accused.
    Issue Bw of Rs. 15,000/- against accused.
    For Bw report
    Next Purpose: Awaiting execution of Service Summons/BW
    Next Hearing Date: 03-06-2021
    
    Date: 03-06-2021
    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: Awaiting execution of Service Summons/BW
    Next Hearing Date: 07-09-2021
    
    Date: 07-09-2021
    Business: Ld. M. M. is on leave.
    Charge with M. M. 71st Court.
    Hence, board is discharged.
    Next Purpose: Awaiting execution of Service Summons/BW
    Next Hearing Date: 07-01-2022
    
    Date: 07-01-2022
    Business: When matter is called out, complainant and his advocate absent. Accused and his advocate absent.adj for taken steps.
    Next Purpose: Awaiting execution of Service Summons/BW
    Next Hearing Date: 30-04-2022
    
    Date: 30-04-2022
    Business: Ld M.M. is on leave. Charge with Ld ACMM 9th court. Hence Board is discharge. Adj for
    Next Purpose: Awaiting execution of Service Summons/BW
    Next Hearing Date: 18-07-2022
    
    Date: 18-07-2022
    Business: When matter is called out Complainant absent and his advocate is present. Exh. 8 Advocate for complainant is given application for non bailable warrant. Issued  bailable warrant. Adj for warrant report
    Next Purpose: Awaiting execution of Service Summons/BW
    Next Hearing Date: 31-10-2022
    
    Date: 31-10-2022
    Business: When called out. complainant absent his advocate present.
    Adj for warrant report.
    Next Purpose: Awaiting execution of Service Summons/BW
    Next Hearing Date: 16-02-2023
    
    Date: 16-02-2023
    Business: When called out. complainant absent his advocate present. Adj for warrant report.
    Next Purpose: Awaiting execution of Service Summons/BW
    Next Hearing Date: 24-08-2023
    
    Date: 24-08-2023
    Business: when called out complainant present and his advocate present.
    Adj for warrant report.
    Next Purpose: Awaiting execution of Service Summons/BW
    Next Hearing Date: 13-09-2023
    
    Date: 13-09-2023
    Business: Case is TOB today.
    advocate for complainant present.
    Exh. 49  matter be taken on todays board and the application be kept for further order as regular dated. 30-12-2023.
    Exh. 50 Keept for order on on next date as already date is given on 30-12-2023.
    Next Purpose: Awaiting execution of Service Summons/BW
    Next Hearing Date: 30-12-2023
    
    Date: 30-12-2023
    Business: when called out complainant absent and his advocate absent.
    adj for warrant report.
    Next Purpose: Awaiting execution of Service Summons/BW
    Next Hearing Date: 06-03-2024
    
    Date: 06-03-2024
    Business: When called out. complainant absent and his advocate present. Exh. 50  Application for issuance of non bailable warrant against accused No. 3 and 4. O/- Issue non bailable warrant against accused. Adj for warrant report
    Next Purpose: Awaiting execution of service NBW
    Next Hearing Date: 15-05-2024
    
    Date: 15-05-2024
    Business: L.d M.M. is on vacation leave. Hence Board is discharged. Charge with A.C.M.M. 9th Court.
    Next Purpose: Awaiting execution of service NBW
    Next Hearing Date: 24-05-2024
    
    Date: 24-05-2024
    Business: CTOB O/Exh - 51 Allowed Application for V.P. O/Exh- 52 Filed. Application for Cancellation of Warrant O/Exh-53 Warrant stands canceled against accused no 3 and 4 penalty of Rs.200 each Application for Bail O/Exh- Accused no 3 and 4 is released on PB and SB of Rs. 5000 Each cash bail is allowed. on production of address proof. O/Exh - 55 and 56 PR Bond and Cash Bond  Of accused no 3 and 4  Rs. 5000/-O/Exh- 57 plea of accused no1, 3 and 4 is recorded. adj for plea and bail of accused no 02 .
    Next Purpose: CHARGE FRAMED  - Framing of Charge / Plea
    Next Hearing Date: 09-08-2024
    
    Date: 09-08-2024
    Business: Ld. JMFC has gone for training at NFSU, Delhi charge with Ld. JMFC 71st court. Hence board is discharge. adj for
    Next Purpose: CHARGE FRAMED  - Framing of Charge / Plea
    Next Hearing Date: 08-10-2024
    
    Date: 08-10-2024
    Business: When called out. complainant absent and his advocate present. accused absent and his advocate present. application for exemption. granted. adj for plea of the accused.
    Next Purpose: CHARGE FRAMED  - Framing of Charge / Plea
    Next Hearing Date: 20-12-2024
    
    Date: 20-12-2024
    Business: when called out  complainant absent and his advocate present. accused absent and his advocate present.
    adj for further steps.
    Next Purpose: CHARGE FRAMED  - Framing of Charge / Plea
    Next Hearing Date: 20-03-2025
    
    Date: 20-03-2025
    Business: when called out complainant present and his advocate present. accused absent and his advocate present Exh. 59  application for exemption.  granted.
    adj for plea of the accused no. 2.
    Next Purpose: CHARGE FRAMED  - Framing of Charge / Plea
    Next Hearing Date: 14-05-2025
    
    Date: 14-05-2025
    Business: Ld. JMFC is on leave charge with Ld. JMFC 71st court. Hence board is discharge.
    adj for
    Next Purpose: CHARGE FRAMED  - Framing of Charge / Plea
    Next Hearing Date: 31-07-2025
    
    Date: 31-07-2025
    Business: called on today complainant absent and his advocate present. accused absent and his advocate present.
    adj for plea of the accused.
    Next Purpose: CHARGE FRAMED  - Framing of Charge / Plea
    Next Hearing Date: 14-08-2025
    
    Date: 14-08-2025
    Business: called on today complainant absent and his advocate present. accused absent and his advocate present. Exh. 64. application for adjournment. granted for today as last chance. adj for plea of the accused.
    Next Purpose: CHARGE FRAMED  - Framing of Charge / Plea
    Next Hearing Date: 12-09-2025
    
    Date: 12-09-2025
    Business: Ld. JMFC is on leave charge with Ld. JMFC 32nd court. Hence board is discharge.
    adj for
    Next Purpose: CHARGE FRAMED  - Framing of Charge / Plea
    Next Hearing Date: 18-10-2025
    
    Date: 18-10-2025
    Business: Called on today. Complainant and advocate present. Advocate for accused present. Complainant filed evidence affidavit and original documents. Copy of evidence affidavit and documents received by advocate for accused. Exemption application of accused granted for today. Matter adjourned for cross examination of CW-01 Jayesh Jatania.
    Next Purpose: PART HEARD
    Next Hearing Date: 08-12-2025
    
    Date: 08-12-2025
    Business: called on today. complainant absent and his advocate present accused absent and his advocate present. Exh. 74 exemption application granted. Exh. 75 adjournment granted as a last chance. cross examination after recalled since last 2 dates.
    adj for
    Next Purpose: PART HEARD
    Next Hearing Date: 19-12-2025
    
    Date: 19-12-2025
    Business: When matter is called out Complainant absent and his Jr. advocate is present  accused absent and his advocate absent.
    Order Exh. 01.
    1. complaint be kept for dismissal vide section 256 of code of criminal procedure on next date.
    2. order dictated and pronounced in open court.
    3.order be uploaded on court web portal.
    adj for dismissal order.
    Next Purpose: For Dissmissal
    Next Hearing Date: 07-02-2026
    
    Date: 07-02-2026
    Business: Order below Exh.  01
        1. The complaint stands dismissed as withdrawn.
        2. The accused is acquitted of the offense punishable u/s. 138 of the NI act.
       3. 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: 07-02-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 707327/2019
    Filing Date: 03-10-2019
    First Hearing Date: 06th December 2019
    Decision Date: 07th February 2026
    Court Number And Judge: 58-JUDICIAL MAGISTRATE FIRST CLASS 58TH COURT

    Orders

    3
    Final Order 2
    07 Feb 2026
    Order Details: Order Below EX 1
    Pdf Text: MHMM180078672019 Summons Cases SS/1086/2019
    Jayesh Veljibhai Jatania Vs. M/s. Heena High Tech
    Developers
    IN THE COURT OF JUDICIAL MAGISTRATE(FIRST CLASS),
    58TH COURT, BANDRA, MUMBAI
    ORDER BELOW EXH.01
    Complainant absent. Complaint was kept for dismissal for want
    of prosecution. Advocate for complainant present. According to him
    Complainant is not willing to proceed with the matter. Accordingly,
    filed application for withdrawal of the complaint at Exh.76 at part
    heard stage. Withdrawal of complaint is voluntary. Hence, I pass
    following order.
    ORDER
    1. Complaint stands dismissed as withdrawn.
    2. The accused is acquitted of the offence punishable u/sec.138
    of The Negotiable Instrument Act.
    3. Order dictated and pronounced in open court.
    Mumbai, (M. P. Saraf)
    Dated : 07.02.2026. Judicial Magistrate(First Class),
    58th Court, Bandra, Mumbai.
    J.O.Code-MH01362
    -- 1 of 1 --
    Interim Order 1Full order available
    19 Dec 2025

    Order Details: Order Below EX 1 Pdf Text: MHMM180078672019 Summons Cases SS/5801086/2019 Jayesh Veljibhai Jatania Vs. M/s. Heena High Tech Developers IN THE COURT OF JUDICIAL MAGISTRATE(FIRST CLASS), 58TH COURT, BANDRA, MUMBAI ORDER BELOW EXH.01 Complainant and advocate Mr. Satish J. Agrawal absent. Junior advocate representing advocate Mr. Satish J. Agrawal submitted that she had no instructions. Plea of accused was recorded on 24.05.2024. Complainant has filed affidavit in lieu of examination in chief on 18.10.2025 but continuously remaining absent…

    Read Full Order
    Order 1Full order available
    19 Dec 2025

    Order Details: Order Below EX 1 Pdf Text: MHMM180078672019 Summons Cases SS/5801086/2019 Jayesh Veljibhai Jatania Vs. M/s. Heena High Tech Developers IN THE COURT OF JUDICIAL MAGISTRATE(FIRST CLASS), 58TH COURT, BANDRA, MUMBAI ORDER BELOW EXH.01 Complainant and advocate Mr. Satish J. Agrawal absent. Junior advocate representing advocate Mr. Satish J. Agrawal submitted that she had no instructions. Plea of accused was recorded on 24.05.2024. Complainant has filed affidavit in lieu of examination in chief on 18.10.2025 but continuously remaining absent…

    Read Full Order

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