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A V EnterprisesVsS S Trading +1 more

CNR MHMM18008076201958-JUDICIAL MAGISTRATE FIRST CLASS 58TH COURT
CASE DISPOSED
Contested--Accused Convicted
Decision Date: 06th October 2025

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
5801135/2019
Registration Date
16 Oct 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    NEGOTIABLE INSTRUMENTS ACT · Sec 138

    Case History / Proceedings

    Case History
    Date: 18-12-2019
    Business: Ld. M. M. has gone for training,
    Charge with ACMM, 9th Court,
    Hence, Board is discharged.
    Next Purpose: NOT HEARD CASES AT 2.50 P.M.
    Next Hearing Date: 14-01-2020
    
    Date: 14-01-2020
    Business: When matter is called out Complainant is absent. Advocate for complainant is present. Exh.4 Advocate is given application for amendment. Order passed on Exh.4 Application is allowed. Complainant do the correction in caption of the complaint. Amendment on Exh.1. Adj for verification statement.
    Next Purpose: FOR VERIFICATION
    Next Hearing Date: 10-02-2020
    
    Date: 10-02-2020
    Business: When matter is called out Complainant is present with Advocate. Exh.5 Complainant filed verification statement today. O/exh.1- issue process against the accused no.2 under section 138 of the Negotiable Instrument Act. Summons returnable on 07.04.2020
    Next Purpose: Awaiting services of notice / summons
    Next Hearing Date: 07-04-2020
    
    Date: 07-04-2020
    Business: In view of District court Advisory Directions issued by Honourable High court. (Corona Virus) Hence Board is discharged. Adj for.
    Next Purpose: Awaiting services of notice / summons
    Next Hearing Date: 19-06-2020
    
    Date: 19-06-2020
    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: 28-09-2020
    
    Date: 28-09-2020
    Business: As Ld M.M.is on leave.
    Charge is with Ld. M.M. 71st court.
    Adj for.
    Next Purpose: Awaiting services of notice / summons
    Next Hearing Date: 13-01-2021
    
    Date: 13-01-2021
    Business: Board is discharged.
    As Ld M.M.is on leave.
    Charge is with Ld. M.M.12th court.
    Adj for.
    Next Purpose: Awaiting services of notice / summons
    Next Hearing Date: 10-03-2021
    
    Date: 10-03-2021
    Business: When called out, complainant absent, his advocate present.
    Accused absent, his advocate absent.
    Exh.6. Adv for complainant filed application for summons against accused no. 2.
    For summons report.
    Next Purpose: Awaiting services of notice / summons
    Next Hearing Date: 24-05-2021
    
    Date: 24-05-2021
    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 services of notice / summons
    Next Hearing Date: 27-08-2021
    
    Date: 27-08-2021
    Business: When matter is called out Complainant is absent advocate for Complainant is present.
    Accused is absent.
    Advocate for complainant is given summons application Reissue summons against the accused as pray.
    O/Exh - 7 Reissue Summons to Accused.
    Adj for summons report.
    Next Purpose: Awaiting services of notice / summons
    Next Hearing Date: 16-12-2021
    
    Date: 16-12-2021
    Business: When matter is called out Complainant is absent advocate for Complainant is present. Accused is absent. Advocate for accused present.   application for accused  for exemption. granted.  V. P. filed today. Adj for summons report.
    Next Purpose: Awaiting services of notice / summons
    Next Hearing Date: 14-02-2022
    
    Date: 14-02-2022
    Business: when matter is call out. complainant absent. advocate for complainant present. accused present. advocate for accused present. Exh. 10- Application for Bail. O/- Accused  be released on PB and Cash security of Rs. 15000/- Exh. 12- plead of accused recorded today. plead not guilty.
    Adj for filing of affidavit of evidence.
    Next Purpose: FOR HEARING
    Next Hearing Date: 01-06-2022
    
    Date: 01-06-2022
    Business: when matter is call out. complainant present. advocate for complainant present. accused absent. advocate for accused present. Exh. 13-  affidavit by way of examination   in chief of the complainant.  copy read. Exh. 14 -  List of document.  Exh. 15- application for interim compensation u/s 143A -
    O/- Accused to say.
    Adj for  Say on Exh. 15 and filing of affidavit of evidence.
    Next Purpose: PART HEARD
    Next Hearing Date: 16-09-2022
    
    Date: 16-09-2022
    Business: When matter is called out.
    Complainant is present. Advocate for the Complainant is present.
    Accused is absent. Advocate for the Accused is present.
    Exh. 16- Advocate for the accused is filed reply to the application filed by the complainant for interim compensation u/s. 143 A of the Negotiable Instrument Act.
    Filed.
    O/Exh.15- The accused is directed to pay Rs. 1,75,000/- to the complainant as an interim compensation within two months from this order.
    The complainant shall submit the undertaking that he will refund the interim compensation amount in case of acquittal of the accused.
    Adj for Paying interim compensation amount and say on list of document and cross examination of the complainant.
    Next Purpose: PART HEARD
    Next Hearing Date: 12-12-2022
    
    Date: 12-12-2022
    Business: When matter is called out. Complainant is absent. Advocate for the Complainant is present. Accused is absent. Advocate for the Accused is present.
    Exh. 17 application for seeking time to deposit amount. granted.
    Adj for Paying interim compensation amount and say on list of document and cross examination of the complainant.
    Next Purpose: PART HEARD
    Next Hearing Date: 09-03-2023
    
    Date: 09-03-2023
    Business: When matter is called out. Complainant is present. Advocate for the Complainant is present. Accused is absent. Advocate for the Accused is present. Exh. 18 application for adjournment.  Granted. Adj for Paying interim compensation amount and say on list of document and cross examination of the complainant.
    Next Purpose: PART HEARD
    Next Hearing Date: 27-07-2023
    
    Date: 27-07-2023
    Business: When matter is called out. Complainant is present. Advocate for the Complainant is present. Accused is present. Advocate for the Accused is present. Matter is referred mediation. Adj for Paying interim compensation amount and say on list of document and cross examination of the complainant.
    Next Purpose: PART HEARD
    Next Hearing Date: 27-10-2023
    
    Date: 27-10-2023
    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. 19  application for exemption. granted.
    Exh. 20  Reply. seen.
     Adj for cross examination of the complainant.
    Next Purpose: PART HEARD
    Next Hearing Date: 17-01-2024
    
    Date: 17-01-2024
    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: 29-02-2024
    
    Date: 29-02-2024
    Business: When matter is called out. Complainant is present. Advocate for the Complainant is present. Accused is absent. Advocate for the Accused is present. Exh. 21 application U/sec 421 by complainant. O/- Rejected. Exh.22 Application for exemption by accused advocate. granted. Adj for cross examination of the complainant.
    Next Purpose: PART HEARD
    Next Hearing Date: 07-05-2024
    
    Date: 07-05-2024
    Business: When matter is called out. Complainant is present advocate for the Complainant is present. Accused is absent advocate for the Accused is present.
    Cross examination of CW 01 Pankaj Mahendra Jain by advocate Mr. M. K. Giri for the accused. The delivery note photo copy is marked at Exh. 45 as referred in cross examination to the witness.
    Cross examination is over.
    Exh. 45 Pursis for lead evidence closed. read and record.
    Adj for Statement of the accused u/s 313 of CRPC.
    Next Purpose: Statement in 1st Session
    Next Hearing Date: 06-06-2024
    
    Date: 06-06-2024
    Business: When matter is called out. Complainant is absent advocate for the Complainant is present. Accused is present advocate for the Accused is present.
    Adj for Statement of the accused u/s 313 of CRPC.
    Next Purpose: Statement in 1st Session
    Next Hearing Date: 18-07-2024
    
    Date: 18-07-2024
    Business: When matter is called out. Complainant is absent advocate for the Complainant is present. Accused is present advocate for the Accused is present. Exh. 46 Statement of accused u/s 313 of CRPC is recorded.
    Adj for Final argument.
    Next Purpose: For Final Argument
    Next Hearing Date: 06-08-2024
    
    Date: 06-08-2024
    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: 05-09-2024
    
    Date: 05-09-2024
    Business: When matter is called out. Complainant is absent advocate for the Complainant is present. Accused is absent advocate for the Accused is present.
    Adj for Final argument.
    Next Purpose: For Final Argument
    Next Hearing Date: 11-10-2024
    
    Date: 11-10-2024
    Business: When matter is called out. Complainant is absent advocate for the Complainant is present. Accused is absent advocate for the Accused is absent. Adj for Final argument.
    Next Purpose: For Final Argument
    Next Hearing Date: 16-11-2024
    
    Date: 16-11-2024
    Business: Ld. JMFC is on leave charge with Ld. JMFC 71st court. Hence board is discharge.
    adj for
    Next Purpose: For Final Argument
    Next Hearing Date: 06-12-2024
    
    Date: 06-12-2024
    Business: NT
    When matter is called out. Complainant is absent advocate for the Complainant is absent. Accused is absent advocate for the Accused is present. Adj for Final argument.
    Next Purpose: For Final Argument
    Next Hearing Date: 31-12-2024
    
    Date: 31-12-2024
    Business: NT
    When matter is called out. Complainant is absent advocate for the Complainant is present. Accused is absent advocate for the Accused is present. Adj for Final argument.
    Next Purpose: For Final Argument
    Next Hearing Date: 06-02-2025
    
    Date: 06-02-2025
    Business: When matter is called out. Complainant is absent advocate for the Complainant is present. Accused is absent advocate for the Accused is present.  application for exemption. granted.
    Adj for Final argument.
    Next Purpose: For Final Argument
    Next Hearing Date: 05-03-2025
    
    Date: 05-03-2025
    Business: When matter is called out. Complainant is absent advocate for the Complainant is absent. Accused is absent advocate for the Accused is present. application for exemption. granted. Adj for Final argument.
    Next Purpose: For Final Argument
    Next Hearing Date: 23-04-2025
    
    Date: 23-04-2025
    Business: When matter is called out. Complainant is absent advocate for the Complainant is absent. Accused is absent advocate for the Accused is present. application for exemption. granted. Adj for  final argument..
    Next Purpose: For Final Argument
    Next Hearing Date: 16-06-2025
    
    Date: 16-06-2025
    Business: When matter is called out. Complainant is absent advocate for the Complainant is present. Accused is absent advocate for the Accused is present.Exh. 48 written argument on behalf of the accused.  seen.
    Exh. 49 written argument on behalf of complainant. seen.
    Adj for final argument..
    Next Purpose: For Final Argument
    Next Hearing Date: 07-07-2025
    
    Date: 07-07-2025
    Business: When matter is called out. Complainant is absent advocate for the Complainant is present. Accused is absent advocate for the Accused is present.
    adj for final order.
    Next Purpose: FOR JUDGMENT
    Next Hearing Date: 19-08-2025
    
    Date: 19-08-2025
    Business: on Account of heavy Rain fall in Mumbai city and Suborbs as per direction of CJM Matter adj to till next date.
    Next Purpose: FOR JUDGMENT
    Next Hearing Date: 06-10-2025
    
    Date: 06-10-2025
    Business: Exh. 50.
    ORDER
    1.Accused 1. S. S. Steel Trading, A proprietary  concern and accused No. 2.  Chand Jummanali Khan,   Age. 43.  R/o Kandivali. is hereby convicted vide section 255(2) of the criminal  Procedure code and section  278 (2) of the Bhartiya Nagarik Suraksha Sanhita 2023 for the offence punishable under section 138 r/w 141 of the Negotiable Instruments Act, 1881 and  accused No. 2 is sentenced to undergo  undergo simple imprisonment for 01 (One) year and to pay fine of Rs.2302910/- in default of payment of fine to suffer further simple imprisonment for (6) six  month.
    2.If fine is paid the complainant shall be given compensation of Rs. 2302910/-  out of the same u/s 357(1)(b) of code of criminal procedure and u/s 395(1)(b)of the Bhartiya Nagarik Suraksha Sanhita, 2023.
    3. Accused  to surrender his bail bond.
    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: 06-10-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 707684/2019
    Filing Date: 16-10-2019
    First Hearing Date: 18th December 2019
    Decision Date: 06th October 2025
    Court Number And Judge: 58-JUDICIAL MAGISTRATE FIRST CLASS 58TH COURT

    Orders

    5
    Final Order 3Full order available
    06 Oct 2025

    Order Details: Copy of Judgment Pdf Text: MHMM180080762019 Received On : 16.10.2019 Registered on : 16.10.2019 Decided on : 06.10.2025 Duration : 05 Y 11 M 20 D Part ‘A’ (Para 44(i) of Chapter VI of Criminal Manual) IN THE COURT OF JUDICIAL MAGISTRATE, FIRST CLASS, 58TH COURT, BANDRA, MUMBAI (Presided over by : Mahesh Prabhakar Saraf) Summons Case No.5801135/SS/2019 (CNR : MHMM180080762019) JUDGMENT Exh.50 (Delivered on 6th October, 2025) Prosecution/ Complainant : A V Enterprises Through its Proprietor Mr.…

    Read Full Order
    Interim Order 2
    18 Jul 2024
    Order Details: Copy of Document.
    Pdf Text: -- 1 of 2 --
    -- 2 of 2 --
    Interim Order 1Full order available
    07 May 2024

    Order Details: Copy of Document. Pdf Text: 9 C.C.No.1135/SS/2019 CW-1 Exh.13 22. 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 : 07.05.2024 Metropolitan Magistrate, 58th Court, Bandra, Mumbai. Cross examination of CW-01- Pankaj Mahendra Jain by advocate Mr. M. K. Giri for the accused : 23. M/s. A.V. Enterprises is HUF Firm since year 2011. The firm is run by myself, my son…

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    Order 2
    18 Jul 2024
    Order Details: Copy of Document.
    Pdf Text: -- 1 of 2 --
    -- 2 of 2 --
    Order 1Full order available
    07 May 2024

    Order Details: Copy of Document. Pdf Text: 9 C.C.No.1135/SS/2019 CW-1 Exh.13 22. 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 : 07.05.2024 Metropolitan Magistrate, 58th Court, Bandra, Mumbai. Cross examination of CW-01- Pankaj Mahendra Jain by advocate Mr. M. K. Giri for the accused : 23. M/s. A.V. Enterprises is HUF Firm since year 2011. The firm is run by myself, my son…

    Read Full Order

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