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Summons Cases SS - Summons Case SS

M/s Mattal Toys India Private LimitedVsAlpesh Thakkar

CNR MHMM18008175201958-JUDICIAL MAGISTRATE FIRST CLASS 58TH COURT
CASE DISPOSED
Contested--Accused Convicted
Decision Date: 11th May 2026

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
5801192/2019
Registration Date
11 Nov 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: 13-01-2020
    Business: When matter is called out Complainant is present. Adj for further steps.
    Next Purpose: NOT HEARD AT 2.45 P.M.
    Next Hearing Date: 29-01-2020
    
    Date: 29-01-2020
    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 AT 2.45 P.M.
    Next Hearing Date: 27-02-2020
    
    Date: 27-02-2020
    Business: When matter is called out Complainant is present with Advocate. Adj for further steps.
    Next Purpose: NOT HEARD AT 2.45 P.M.
    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: NOT HEARD AT 2.45 P.M.
    Next Hearing Date: 04-07-2020
    
    Date: 04-07-2020
    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: NOT HEARD AT 2.45 P.M.
    Next Hearing Date: 13-10-2020
    
    Date: 13-10-2020
    Business: As Ld M.M.is on leave.
    Charge is with Ld. M.M. 71st court.
    Adj for.
    Next Purpose: NOT HEARD AT 2.45 P.M.
    Next Hearing Date: 29-01-2021
    
    Date: 29-01-2021
    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: 16-03-2021
    
    Date: 16-03-2021
    Business: When called out, complainant absent, his advocate present.
    for verification.
    Next Purpose: FOR VERIFICATION
    Next Hearing Date: 30-04-2021
    
    Date: 30-04-2021
    Business: As per direction of SOP issued by Hon.ble'' High court and Hon.ble'' 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: FOR VERIFICATION
    Next Hearing Date: 15-07-2021
    
    Date: 15-07-2021
    Business: When matter is called out, Complainant is absent, 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: 05-10-2021
    
    Date: 05-10-2021
    Business: When called out, complainant absent, his advocate present. Adj for verification
    Next Purpose: FOR VERIFICATION
    Next Hearing Date: 08-02-2022
    
    Date: 08-02-2022
    Business: As per direction of SOP issued by Honable H.C. and Honable CMM mumbai . Office order No. Estt- 16/93/2022. dt. 28.1.22. Hence case is adj.
    Next Purpose: FOR VERIFICATION
    Next Hearing Date: 14-02-2022
    
    Date: 14-02-2022
    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 No. 1 to 3 u/s. 138 of the Negotiable Instrument Act. Adj for summons report
    Next Purpose: Awaiting execution of Service Summons/BW
    Next Hearing Date: 21-06-2022
    
    Date: 21-06-2022
    Business: When matter is called out complainant is absent advocate for complainant is present.
    Accused is absent advocate for accused is present.
    Application for Vakalatnama for accused.
    O/Exh -7 Filed.
    Application for adjournment for accused.
    O/Exh -8 Granted.
    Next Purpose: Awaiting execution of Service Summons/BW
    Next Hearing Date: 12-08-2022
    
    Date: 12-08-2022
    Business: When called out. complainant absent and his advocate present. accused absent his advocate present.
    Exh.8- application for issuance of NBW against accused. O/- Issue NBW.
    Adj for warrant report.
    Next Purpose: Awaiting execution of service NBW
    Next Hearing Date: 24-08-2022
    
    Date: 24-08-2022
    Business: Today case is TOB.
    When matter is called out. Complainant absent his advocate  absent.
     Accused present and his advocate present. Exh. 9- Allowed.
    Exh. 10  application for cancellation of warrant. O/- warrant is cancelled subjected to penalty of Rs. 1000/-
    Exh. 11- application for bail. O/- accused released on PB and cash security of Rs. 6000/- Exh. 12 PR and cash bond.
    Exh. 13- plea of the accused is recorded.
    Adj for filling of affidavit of evidence.
    Next Purpose: FOR HEARING
    Next Hearing Date: 03-10-2022
    
    Date: 03-10-2022
    Business: When matter is called out. Complainant absent his advocate present. Accused absent and his advocate present. application for exemption. filed.
    Adj for filling of affidavit of evidence.
    Next Purpose: FOR HEARING
    Next Hearing Date: 11-01-2023
    
    Date: 11-01-2023
    Business: When matter is called out. Complainant absent his advocate absent. Accused absent and his advocate present. Adj for filling of affidavit of evidence.
    Next Purpose: FOR HEARING
    Next Hearing Date: 03-07-2023
    
    Date: 03-07-2023
    Business: When matter is called out. Complainant absent his advocate present. Accused absent and his advocate present.
    Adj for filling of affidavit of evidence
    Next Purpose: FOR HEARING
    Next Hearing Date: 08-09-2023
    
    Date: 08-09-2023
    Business: When matter is called out. Complainant absent his advocate present. Accused absent and his advocate present. Adj for filling of affidavit of evidence
    Next Purpose: FOR HEARING
    Next Hearing Date: 10-11-2023
    
    Date: 10-11-2023
    Business: When matter is called out. Complainant absent his advocate present. Accused absent and his advocate present. Adj for filling of affidavit of evidence
    Next Purpose: FOR HEARING
    Next Hearing Date: 05-01-2024
    
    Date: 05-01-2024
    Business: When matter is called out complainant is absent and his advocate present. Accused is absent and his advocate absent.
    Adj for filling of affidavit of evidence.
    Next Purpose: FOR HEARING
    Next Hearing Date: 10-04-2024
    
    Date: 10-04-2024
    Business: Ld M.M. is on leave charge with Ld. M.M. 32th court. Hence Board is discharged.
    Next Purpose: FOR HEARING
    Next Hearing Date: 24-04-2024
    
    Date: 24-04-2024
    Business: When matter is called out complainant is present his advocate is present. Accused is absent. Advocate for accused is absent. Exh. 14 Affidavit of examination in chief. read and record. Exh. 15 list of document. seen and filed.
    Adj for Cross examination of the complainant.
    Next Purpose: PART HEARD
    Next Hearing Date: 10-07-2024
    
    Date: 10-07-2024
    Business: Board is discharged. As Ld J.M.F.C.is on leave. Charge is with Ld. J.M.F.C..32nd  court. Adj for
    Next Purpose: PART HEARD
    Next Hearing Date: 28-08-2024
    
    Date: 28-08-2024
    Business: When matter is called out complainant is absent his advocate is present. Accused is absent. Advocate for accused is present.
    Adj for Cross examination of the complainant.
    Next Purpose: PART HEARD
    Next Hearing Date: 23-10-2024
    
    Date: 23-10-2024
    Business: When matter is called out complainant is absent his advocate is present. Accused is absent. Advocate for accused is present. Adj for Cross examination of the complainant.
    Next Purpose: PART HEARD
    Next Hearing Date: 26-12-2024
    
    Date: 26-12-2024
    Business: Ld. JMFC is on leave charge with Ld. JMFC 12nd court. Hence board is discharge.
    adj for.
    Next Purpose: PART HEARD
    Next Hearing Date: 20-02-2025
    
    Date: 20-02-2025
    Business: Ld. JMFC is on leave charge with Ld. JMFC 71st court. Hence board is discharge.
    adj for
    Next Purpose: PART HEARD
    Next Hearing Date: 02-04-2025
    
    Date: 02-04-2025
    Business: When matter is called out complainant is absent his advocate is present. Accused is absent. Advocate for accused is present.
    despite sufficient opportunity adjournment granted as a last chance. Exh. 30 application for adjournment. granted.
    Adj for Cross examination of the complainant.
    Next Purpose: PART HEARD
    Next Hearing Date: 04-06-2025
    
    Date: 04-06-2025
    Business: called on today complainant present and his advocate present. accused absent and his advocate present.
    Cross examination of CW 01 Manoj Kumar by advocate Mrs. Yogini Gurav for the accused.  cross examination is deferred till next date.
    adj for cross examination of the complainant.
    Next Purpose: PART HEARD
    Next Hearing Date: 16-07-2025
    
    Date: 16-07-2025
    Business: Ld. JMFC is on leave charge with Ld. JMFC 71st court. Hence board is discharge. adj for
    Next Purpose: PART HEARD
    Next Hearing Date: 10-09-2025
    
    Date: 10-09-2025
    Business: called on today complainant present and his advocate present. accused absent and his advocate present. Further Cross examination of CW 01 Manoj Kumar by advocate Mrs. Yogini Gurav for the accused. cross examination is  over.
    Exh. 31 Pursis for closing evidence.
    adj for Statement of the accused u/s 313 of CRPC.
    Next Purpose: For Examination of Accused U/sec. 313 CrPC
    Next Hearing Date: 28-10-2025
    
    Date: 28-10-2025
    Business: called on today complainant absent and his advocate present. accused absent and his advocate present. Exh. 32. application for exemption. granted for today as last chance.
    adj for Statement of the accused u/s 313 of CRPC.
    Next Purpose: For Examination of Accused U/sec. 313 CrPC
    Next Hearing Date: 03-12-2025
    
    Date: 03-12-2025
    Business: called on today complainant absent and his advocate present. accused absent and his advocate absent. Exh. 33. application for pass order to dispense the statement of accused. O/- Application allowed. Order below Exh. 1 Statement of accused stands dispensed with considering right of speedy trial U/sec 143 of N. I. Act. Adj for final argument.
    Next Purpose: For Final Argument
    Next Hearing Date: 17-01-2026
    
    Date: 17-01-2026
    Business: Ld. JMFC is on Medical Leave charge with Ld. JMFC 71st court. Hence board is discharge. adj for
    Next Purpose: For Final Argument
    Next Hearing Date: 18-02-2026
    
    Date: 18-02-2026
    Business: Called on today complainant absent and his advocate present. accused absent and his advocate present.  Exh. 35 statement of the accused is recorded u/s 313 of CRPC through advocate. Exh. 36 written argument on behalf of complainant seen.
    adj for final argument.
    Adj for warrant report.
    Next Purpose: For Final Argument
    Next Hearing Date: 01-04-2026
    
    Date: 01-04-2026
    Business: When matter is called out complainant is absent his advocate is present. Accused absent and his advocate present.
    Exh. 37 application for warrant cancelled.  warrant stands cancelled on Waring to remain present for trial.  Exh. 38 written argument on behalf of accused. seen.
    adj for final order.
    Next Purpose: FOR JUDGMENT
    Next Hearing Date: 11-05-2026
    
    Date: 11-05-2026
    Business: called on today complainant absent and his advocate present. accused present and his advocate present.
    Exh. 40
    Judgment.
    1. Accused  Mr. Alpesh Thakkar, Age - 55 years, R/o Pipold, Surat, Gujarat is convicted vide section 255(2)  r/w 353(6) of the CRPC and section 278 (2) r/w 392 (6) of the Bhartiya Nagarik Suraksha Sanhita 2023 for the offence punishable under section 138 of the Negotiable Instruments Act, 1881 and sentenced to undergo simple imprisonment for 01 (One) year and to pay fine of Rs.54,12,000/- in default of payment of fine to suffer further simple imprisonment for (6)six  months.
    2. If fine is paid the same be given to the complainant as compensation u/s 357(1)(b) of code of criminal procedure and u/s 395(1)(b)of the Bhartiya Nagarik Suraksha Sanhita, 2023.
    3.The bail bond. of accused stands cancelled.
    4. Issue warrant for arrest u/s 418 (2 of code of CRPC 458(2) of the Bhartiya Nagarik Suraksha Sanhita, 2023. against the accused for the purpose of forwarding him to the jail.
    5. The copy of Judgment be supplied to the accused free of cost as and when arrested and brought before this court.
     (Judgment is dictated and pronounced in the open Court)
    Nature Of Disposal: Accused Convicted
    Disposal Date: 11-05-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 708142/2019
    Filing Date: 11-11-2019
    First Hearing Date: 13th January 2020
    Decision Date: 11th May 2026
    Court Number And Judge: 58-JUDICIAL MAGISTRATE FIRST CLASS 58TH COURT

    Orders

    9
    Final Order 5Full order available
    11 May 2026

    Order Details: Copy of Judgment Pdf Text: MHMM180081752019 Received On : 11.11.2019 Registered on : 11.11.2019 Decided on : 11.05.2026 Duration : 06 Y 06 M 00 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.5801192/SS/2019 JUDGMENT Exh.40 (Delivered on 11th May, 2026) Prosecution/ Complainant : M/s. Mattel Toys (India) Pvt. Ltd. Through Mr. Manoj Kumar…

    Read Full Order
    Interim Order 4
    18 Feb 2026
    Order Details: Copy of Document.
    Pdf Text: -- 1 of 3 --
    -- 2 of 3 --
    -- 3 of 3 --
    Interim Order 3
    03 Dec 2025
    Order Details: Order Below EX 1
    Pdf Text: -- 1 of 1 --
    Interim Order 2Full order available
    10 Sept 2025

    Order Details: Copy of Document. Pdf Text: 9 C.C.No.1192/SS/2019 CW-1 Exh.14 19. 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 : 04.06.2025 Judicial Magistrate(First Class), 58th Court, Bandra, Mumbai. Cross examination of CW-01- Manoj Kumar by advocate Mrs.Yogini Gurav for the accused : 20. It is not true to say that I am not given authority to give evidence or produce evidence affidavit…

    Read Full Order
    Interim Order 1Full order available
    04 Jun 2025

    Order Details: Copy of Document. Pdf Text: 9 C.C.No.1192/SS/2019 CW-1 Exh.14 19. 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 : 04.06.2025 Judicial Magistrate(First Class), 58th Court, Bandra, Mumbai. Cross examination of CW-01- Manoj Kumar by advocate Mrs.Yogini Gurav for the accused : 20. It is not true to say that I am not given authority to give evidence or produce evidence affidavit…

    Read Full Order
    Order 4
    18 Feb 2026
    Order Details: Copy of Document.
    Pdf Text: -- 1 of 3 --
    -- 2 of 3 --
    -- 3 of 3 --
    Order 3
    03 Dec 2025
    Order Details: Order Below EX 1
    Pdf Text: -- 1 of 1 --
    Order 2Full order available
    10 Sept 2025

    Order Details: Copy of Document. Pdf Text: 9 C.C.No.1192/SS/2019 CW-1 Exh.14 19. 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 : 04.06.2025 Judicial Magistrate(First Class), 58th Court, Bandra, Mumbai. Cross examination of CW-01- Manoj Kumar by advocate Mrs.Yogini Gurav for the accused : 20. It is not true to say that I am not given authority to give evidence or produce evidence affidavit…

    Read Full Order
    Order 1Full order available
    04 Jun 2025

    Order Details: Copy of Document. Pdf Text: 9 C.C.No.1192/SS/2019 CW-1 Exh.14 19. 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 : 04.06.2025 Judicial Magistrate(First Class), 58th Court, Bandra, Mumbai. Cross examination of CW-01- Manoj Kumar by advocate Mrs.Yogini Gurav for the accused : 20. It is not true to say that I am not given authority to give evidence or produce evidence affidavit…

    Read Full Order

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