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Summons Cases SS - Summons Case SS

M/s. Cosmos Facility Services Pvt LtdVsM/s. ITD Technologies And Marketing Pvt +2 more

CNR MHMM18008071201958-JUDICIAL MAGISTRATE FIRST CLASS 58TH COURT
CASE DISPOSED
Uncontested--Case Withdrawn Accused Acquitted
Decision Date: 26th July 2024

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
5801150/2019
Registration Date
18 Oct 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    4

    Acts & Sections

    1
    NEGOTIABLE INSTRUMENTS ACT · Sec 138

    Case History / Proceedings

    Case History
    Date: 23-12-2019
    Business: L.d M.M.is on leave.
    Board is discharged
    Charged is with M.M.32nd court.
    Adj for.
    Next Purpose: NOT HEARD AT 2.45 P.M.
    Next Hearing Date: 03-02-2020
    
    Date: 03-02-2020
    Business: When matter is called out Complainant is present with Advocate.  Exh. 4 Complainant filed verification statement. Adj for Argument.
    Next Purpose: NOT HEARD AT 2.45 P.M.
    Next Hearing Date: 20-02-2020
    
    Date: 20-02-2020
    Business: NT. When matter is called out Advocate for complainant is present. Adj for further steps.
    Next Purpose: NOT HEARD AT 2.45 P.M.
    Next Hearing Date: 01-04-2020
    
    Date: 01-04-2020
    Business: In view of District court Advisory Directions issued by Honourable High court. (Corona Virus) Hence Board is discharged. Adj for.
    Next Purpose: NOT HEARD AT 2.45 P.M.
    Next Hearing Date: 03-07-2020
    
    Date: 03-07-2020
    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: NOT HEARD AT 2.45 P.M.
    Next Hearing Date: 12-10-2020
    
    Date: 12-10-2020
    Business: Ld. M.M. is on Leave, Charge is with Ld M.M. 71st Court, Board is discharged. Adj for
    Next Purpose: NOT HEARD AT 2.45 P.M.
    Next Hearing Date: 28-01-2021
    
    Date: 28-01-2021
    Business: Board is discharged.
    As Ld M.M.is on leave.
    Charge is with Ld. M.M.71st court.
    Adj for.
    Next Purpose: FOR VERIFICATION
    Next Hearing Date: 16-04-2021
    
    Date: 16-04-2021
    Business: As per order of Honble C.M.M dt. 12.4.21 is declared as a holiday to take the precautionary measures and to break the chain of spread of Corona Virus infection.
    Adj for.
    Next Purpose: FOR VERIFICATION
    Next Hearing Date: 02-07-2021
    
    Date: 02-07-2021
    Business: When matter is called out, Complainant is present, his advocate absent. 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 ) no passed any adverse order.  Hence, matter is adjourned.
    Next Purpose: FOR VERIFICATION
    Next Hearing Date: 21-09-2021
    
    Date: 21-09-2021
    Business: Ld. M. M. is on leave.
    Charge with A.C.M.M. 09th Court.
    Hence, board is discharged.
    Next Purpose: FOR VERIFICATION
    Next Hearing Date: 06-12-2021
    
    Date: 06-12-2021
    Business: When matter is called out Complainant absent and Advocate for complainant is absent. Accused is absent. Advocate for accused is absent. Adj for
    Next Purpose: FOR VERIFICATION
    Next Hearing Date: 21-03-2022
    
    Date: 21-03-2022
    Business: When matter is called out complainant is present with Advocate. Exh.5 Application for amendment on the complaint. Order passed on Exh.5 Application is allowed. Exh.6 Application for accepting the list of directors of accused company. Production is allowed. Adj for
    Next Purpose: FOR VERIFICATION
    Next Hearing Date: 05-05-2022
    
    Date: 05-05-2022
    Business: when called out complainant absent and his advocate present.
    adj for order.
    Next Purpose: FOR VERIFICATION
    Next Hearing Date: 25-07-2022
    
    Date: 25-07-2022
    Business: When matter is called out. Complainant is present advocate for the Complainant is present. Exh.7 Application for amendment of the complaint. Order passed below application- the amendment is allowed. The complainant shall do the amendment within 14 days in the complainant. Adj for
    Next Purpose: FOR VERIFICATION
    Next Hearing Date: 08-08-2022
    
    Date: 08-08-2022
    Business: When matter is called out Complainant and his advocate is present Exh. 8- Complainant is given verification statement Read and recorded O/Exh.1- Issue process against accused No. 1, 2 and 4 to 6 u/s. 138 of the Negotiable Instrument Act. Accused No. 3 is discharged.
    Adj for summons report.
    Next Purpose: Awaiting services of notice / summons
    Next Hearing Date: 13-10-2022
    
    Date: 13-10-2022
    Business: When called out. complainant present his advocate present.
    Adj for summons report.
    Next Purpose: Awaiting services of notice / summons
    Next Hearing Date: 18-01-2023
    
    Date: 18-01-2023
    Business: When matter is called out Complainant absent and his advocate is absent. Adj for
    Next Purpose: Awaiting services of notice / summons
    Next Hearing Date: 19-06-2023
    
    Date: 19-06-2023
    Business: When matter is called out Complainant present and his advocate is present. Advocate for complainant is given application for non bailable warrant. Reissue summons to accused. Complainant filed affidavit. Read and record. Adj for summons report
    Next Purpose: Awaiting services of notice / summons
    Next Hearing Date: 11-09-2023
    
    Date: 11-09-2023
    Business: When matter is called out complainant is present his advocate are present.
    Accused and his advocate are absent.
    Application for Bailable Warrant as prayed.
    O/Exh - 12 Issue B/w of Rs.5000 against accused No. 2
    Adj for warrant report.
    Next Purpose: Awaiting execution of Service Summons/BW
    Next Hearing Date: 07-12-2023
    
    Date: 07-12-2023
    Business: When matter is called out complainant is absent his advocate are present. Accused and his advocate are absent.
     Adj for warrant report.
    Next Purpose: Awaiting execution of Service Summons/BW
    Next Hearing Date: 20-03-2024
    
    Date: 20-03-2024
    Business: L.d. M.M. is on leave. Hence, Board is discharged. Charge with M.M. 32nd court.
    Next Purpose: Awaiting execution of Service Summons/BW
    Next Hearing Date: 02-05-2024
    
    Date: 02-05-2024
    Business: when called out complainant absent and his advocate absent.
    adj for dismissal order
    Next Purpose: For Dissmissal
    Next Hearing Date: 25-07-2024
    
    Date: 25-07-2024
    Business: Ld. M.M. is on leave charge with Ld. M.M. 71st court. Hence board is discharge.
    adj for.
    Next Purpose: For Dissmissal
    Next Hearing Date: 26-07-2024
    
    Date: 26-07-2024
    Business: Order below Exh. 01
        1. The complaint stands dismissed as withdrawn.
        2. The accused are acquitted of the offense punishable u/s. 138 of the NI act.
        3. Order dictated and pronounced in open court.
    Nature Of Disposal: Case Withdrawn Accused Acquitted
    Disposal Date: 26-07-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 707787/2019
    Filing Date: 18-10-2019
    First Hearing Date: 23rd December 2019
    Decision Date: 26th July 2024
    Court Number And Judge: 58-JUDICIAL MAGISTRATE FIRST CLASS 58TH COURT

    Orders

    2
    Final Order 2
    26 Jul 2024
    Order Details: Order Below EX 1
    Pdf Text: MHMM180080712019
    Summons Cases SS/5801150/2019
    M/s. Cosmos Facility Services Pvt Ltd Vs. M/s. ITD
    Technologies And Marketing Pvt
    IN THE COURT OF JUDICIAL MAGISTRATE(FIRST CLASS), 58TH
    COURT, BANDRA, MUMBAI
    ORDER BELOW EXH.01
    The complainant and advocate present. The complainant is
    not ready and willing to proceed with the case. Both parties have
    settled the dispute amicably out of court. Accordingly, he had filed
    application at Exh.13 for withdrawal of the complaint. Hence, I
    pass following order.
    ORDER
    1. Complaint stands dismissed as withdrawn.
    2. The accused are acquitted of the offence punishable
    u/sec.138 of The Negotiable Instrument Act.
    3. Order dictated and pronounced in open court.
    ( M. P. Saraf )
    Judicial Magistrate(First Class),
    Date : 26.07.2024 58th Court, Bandra, Mumbai.
    J.O.Code: MH01362
    -- 1 of 2 --
    2
    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 : 26.07.2024.
    Transcribed and Typed on : 26.07.2024.
    Order printed and Signed on : 26.07.2024.
    Order Uploaded on : 26.07.2024.
    -- 2 of 2 --
    Final Order 1
    26 Jul 2024
    Order Details: Order Below EX 1
    Pdf Text: -- 1 of 2 --
    -- 2 of 2 --

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