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Summons Cases SS - Summons Case SS

Dinesh Dhansingh DulgachVsBabita Rakesh Sodha

CNR MHMM18008037201958-JUDICIAL MAGISTRATE FIRST CLASS 58TH COURT
CASE DISPOSED
Contested--Accused Convicted
Decision Date: 12th November 2024

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
5801111/2019
Registration Date
09 Oct 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    NEGOTIABLE INSTRUMENTS ACT · Sec 138

    Case History / Proceedings

    Case History
    Date: 02-12-2019
    Business: Board is discharged
    As Ld M.M.is on leave.
    Charged is with A.C.M.M.9th Court.
    Adj for.
    Next Purpose: NOT HEARD CASES
    Next Hearing Date: 08-01-2020
    
    Date: 08-01-2020
    Business: When matter is called out Complainant is present with Advocate. Exh.4 Complainant is filed verification statement. O/exh.1- issue process against the accused under section 138 of the Negotiable Instrument Act. Summons returnable on 18.03.2020
    Next Purpose: Awaiting services of notice / summons
    Next Hearing Date: 18-03-2020
    
    Date: 18-03-2020
    Business: When matter is called out both parties are absent. Summons report is Unclaimed. Adj for further steps.
    In view of District court Advisory Directions issued by Honourable High court. (Corona Virus) Hence Board is discharged. Adj for.
    Later on
    Accused and his advocate is present
    Exh. 5- Advocate for accused is given vakalatnama
    Filed
    Exh. 6- Advocate for accused is given bail application
    The accused be release on PB of Rs. 15000/- and cash security of Rs. 15000/-
    Exh. 97- Accused be release on PB and Cash security of Rs. 15000/-
    Exh. 8- Accused is recorded plea
    Plead not guilty
    Adj for say on list of document
    Next Purpose: PART HEARD
    Next Hearing Date: 20-05-2020
    
    Date: 20-05-2020
    Business: National Lock down extended up to 31st May 2020
    Next Purpose: PART HEARD
    Next Hearing Date: 31-07-2020
    
    Date: 31-07-2020
    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: PART HEARD
    Next Hearing Date: 16-10-2020
    
    Date: 16-10-2020
    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: 11-01-2021
    
    Date: 11-01-2021
    Business: Board is discharged.
    As Ld M.M.is on leave.
    Charge is with Ld. M.M.71st court.
    Adj for.
    Next Purpose: PART HEARD
    Next Hearing Date: 10-03-2021
    
    Date: 10-03-2021
    Business: When called out, complainant present, his advocate present.
    Accused present, his advocate present.
    Exh.09. Adv for complainant filed application u/s. 143 (A) of N.I.Act for directing interim compensation.
    Accused to say.
    For say on exh.09.
    Next Purpose: PART HEARD
    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: PART HEARD
    Next Hearing Date: 13-08-2021
    
    Date: 13-08-2021
    Business: When matter is called out
    Complainant is present advocate for the Complainant is present.
    Accused is present advocate for the Accused is present.
    Exh. 10- Advocate for the accused is given reply of the accused to the application dtd. 10.03.2021 filed by the complainant for interim compensation.
    Filed.
    Adj for Filing affidavit of evidence and Argument on Exh.09.
    Next Purpose: PART HEARD
    Next Hearing Date: 22-09-2021
    
    Date: 22-09-2021
    Business: When matter is called out.
    Complainant is present advocate for the Complainant is present.
    Accused is absent advocate for the Accused is present.
    O/Exh.09- The accused is directed to pay Rs. 60,000/- to the complainant as an interim compensation within two months from this order.
    The complainant shall submit the undertaking that he will the refund the compensation amount in case of acquittal of the accused.
    Exh. 11- Complainant is given examination-in-chief of the complainant.
    Read and recorded.
    Exh. 12- List of document.
    Original document be exhibited viz. Exh. 13 to Exh. 20.
    Adj for Paying interim compensation of Rs. 60,000/- to the complainant and cross examination of the complainant.
    Next Purpose: PART HEARD
    Next Hearing Date: 06-10-2021
    
    Date: 06-10-2021
    Business: N.T. When called out complainant absent, his advocate present. Accused present, his advocate present. Adj for Paying interim compensation of Rs. 60,000/- to the complainant and cross examination of the complainant.
    Next Purpose: PART HEARD
    Next Hearing Date: 02-12-2021
    
    Date: 02-12-2021
    
    Date: 14-03-2022
    Business: When called out complainant present, his advocate present. Accused absent, his advocate present. Exh. 12-  application for granting time to pay of rs. 20000/- as interim compensation amount. granted till next date.
    adj for cross examination of the complainant.
    Next Purpose: PART HEARD
    Next Hearing Date: 16-06-2022
    
    Date: 16-06-2022
    Business: When called out complainant present, his advocate present. Accused absent, his advocate present.
    adj for cross examination of the complainant.
    Next Purpose: PART HEARD
    Next Hearing Date: 16-09-2022
    
    Date: 16-09-2022
    Business: When called out complainant present, his advocate present. Accused absent, his advocate present. Exh. 13- application for handing over Rs. 10000/- to the complainant. O/ Granted.
     Exh. 14- application for seeking permission to payment of Rs. 10000/-
    O/- Allowed.
    Adj for cross examination of the complainant.
    Next Purpose: PART HEARD
    Next Hearing Date: 12-12-2022
    
    Date: 12-12-2022
    Business: When called out complainant present, his advocate present. Accused present, his advocate absent.
    Adj for cross examination of the complainant.
    Next Purpose: PART HEARD
    Next Hearing Date: 24-02-2023
    
    Date: 24-02-2023
    Business: When called out complainant present, his advocate present. Accused present, his advocate present. Adj for cross examination of the complainant.
    Next Purpose: PART HEARD
    Next Hearing Date: 04-07-2023
    
    Date: 04-07-2023
    Business: When called out complainant present, his advocate present. Accused present, his advocate present.
    Cross examination of PW 01 by advocate Vikam Singh for the accused.
    Cross examination is over.
    No re examination.
    Adj for further any other witness of the complainant.
    Next Purpose: PART HEARD
    Next Hearing Date: 01-09-2023
    
    Date: 01-09-2023
    Business: When matter is called out complianant is present his advocate is present application for production of document. O/Exh - 22 Production of document allowed. The Documents be Exhibited. Application for Pursis O/Exh - 23 R and R. adj for
    Next Purpose: PART HEARD
    Next Hearing Date: 26-10-2023
    
    Date: 26-10-2023
    Business: When matter is called out complainant is present his advocate is present accused absent and his advocate present. Exh. 24 application for exemption. granted.
    Adj for Statement of the accused u/s 313 of CRPC.
    Next Purpose: Statement in 1st Session
    Next Hearing Date: 20-12-2023
    
    Date: 20-12-2023
    Business: When matter is called out complainant is present his advocate is present accused absent and his advocate absent.
    Adj for Statement of the accused u/s 313 of CRPC.
    Next Purpose: Statement in 1st Session
    Next Hearing Date: 02-02-2024
    
    Date: 02-02-2024
    Business: When matter is called out complainant is present his advocate is present accused present and his advocate present.
    Today statement of accused u/s 313 of CRPC.
    Adj for Defence witness.
    Next Purpose: PART HEARD
    Next Hearing Date: 06-03-2024
    
    Date: 06-03-2024
    Business: When matter is called out complainant is absent his advocate is present accused present and his advocate present. Advocate for accused filed adjournment application. O/- Granted for today. Adj for Defence witness.
    Next Purpose: PART HEARD
    Next Hearing Date: 22-04-2024
    
    Date: 22-04-2024
    Business: When matter is called out. complainant is present. Advocate for complainant is present. accused absent his advocate present. Exh. 26 application for exemption. granted. Exh. 27 application for issuance of NBW. keep for order on next date.
    Order below Exh. 01 Hence evidence of accused stands closed.
    Adj for final argument.
    Next Purpose: For Final Argument
    Next Hearing Date: 21-06-2024
    
    Date: 21-06-2024
    Business: When matter is called out. complainant is absent. Advocate for complainant is present. accused absent his advocate present.
    Adj for final argument.
    Next Purpose: For Final Argument
    Next Hearing Date: 22-07-2024
    
    Date: 22-07-2024
    Business: Ld. J.M.F.C is on leave. Hence Board is discharged. Charge with JMFC 71st Court.
    Next Purpose: For Final Argument
    Next Hearing Date: 08-08-2024
    
    Date: 08-08-2024
    Business: Ld. JMFC has gone for training at NFSU, Delhi charge with Ld. JMFC 71st court. Hence board is discharge. adj for
    Next Purpose: For Final Argument
    Next Hearing Date: 03-09-2024
    
    Date: 03-09-2024
    Business: When matter is called out. complainant is present. Advocate for complainant is absent. accused present his advocate absent. application for adjournment. granted.
    Adj for final argument.
    Next Purpose: For Final Argument
    Next Hearing Date: 15-10-2024
    
    Date: 15-10-2024
    Business: when called out complainant absent and his advocate present. accused absent and his advocate present.
    adj for final order.
    Next Purpose: FOR JUDGMENT
    Next Hearing Date: 12-11-2024
    
    Date: 12-11-2024
    Business: Exh. 32
    ORDER
    1.	Accused Smt. Babita Rakesh Sodha,
    Age : 38 years, R/o.  Bandra(E), Mumbai-51, is hereby convicted vide section 255(2) of The Criminal Procedure Code, for the offence punishable under section 138 of the Negotiable Instrument Act, 1881 and she is sentenced to undergo Simple Imprisonment for 02 (Two) years and to pay fine of Rs.8,00,000/- (Rupees Eight  Lakhs only) in default of payment of fine shall suffer Simple Imprisonment for 03(Three) months.
    2.	If fine paid by the accused, the same shall be given to the complainant as compensation under section 357(1)(b) of Code of Criminal Procedure. Interim compensation of Rs.60,000/- paid by accused be adjusted towards amount of final compensation.
    3.	The bail bonds of accused being forfeited stands cancelled.
     4.	 The copy of Judgment be supplied to the accused free of cost.
    (Judgment is dictated and pronounced in the open Court).
    Nature Of Disposal: Accused Convicted
    Disposal Date: 12-11-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 707489/2019
    Filing Date: 09-10-2019
    First Hearing Date: 02nd December 2019
    Decision Date: 12th November 2024
    Court Number And Judge: 58-JUDICIAL MAGISTRATE FIRST CLASS 58TH COURT

    Orders

    5
    Final Order 3Full order available
    12 Nov 2024

    Order Details: Copy of Judgment Pdf Text: Summons Cases SS/5801111/2019 Judgment Exh.32 MHMM180080372019 Filed on : 09.10.2019. Decided on : 12.11.2024. Duration : 05-Y 01-M 04-D. IN THE COURT OF JUDICIAL MAGISTRATE(FIRST CLASS), 58TH COURT, BANDRA, MUMBAI. (Presided over by M. P. Saraf) Summons Cases SS/5801111/2019 (CNR NO.MHMM180080372019) Exh.32 Dinesh Dhansingh Dulgach Age : 37 years, R/o. At R.No.290, Chawl No.19, Bharat Nagar, Bandra(E), Mumbai- 400 051. …. Complainant. Versus Smt. Babita Rakesh Sodha Age : 38 years, R/o. R.No.276,…

    Read Full Order
    Interim Order 2
    02 Feb 2024
    Order Details: Copy of Document.
    Pdf Text: -- 1 of 2 --
    -- 2 of 2 --
    Interim Order 1Full order available
    04 Jul 2023

    Order Details: Copy of Document. Pdf Text: Exh.11 C.C.No.1111/SS/2019 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 : 04.07.2023 Metropolitan Magistrate, 58th Court, Bandra, Mumbai. Cross examination of PW01 by advocate Vikram Singh for the accused : 10. I am doing three business. I am running a ration shop. I am also doing business of giving the cars on rent. I am also…

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    Order 2
    02 Feb 2024
    Order Details: Copy of Document.
    Pdf Text: -- 1 of 2 --
    -- 2 of 2 --
    Order 1Full order available
    04 Jul 2023

    Order Details: Copy of Document. Pdf Text: Exh.11 C.C.No.1111/SS/2019 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 : 04.07.2023 Metropolitan Magistrate, 58th Court, Bandra, Mumbai. Cross examination of PW01 by advocate Vikram Singh for the accused : 10. I am doing three business. I am running a ration shop. I am also doing business of giving the cars on rent. I am also…

    Read Full Order

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