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Summons Cases SS - Summons Case SS

Wakil AhmedVsKhaja Mohammed Jainuddin Shaikh

CNR MHMM18008288201958-JUDICIAL MAGISTRATE FIRST CLASS 58TH COURT
CASE DISPOSED
Contested--Accused Convicted
Decision Date: 07th March 2025

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
5801204/2019
Registration Date
21 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: 01-01-2020
    Business: When matter is called out Complainant is present with his advocate Exh.4- Complainant is given verification statement O/exh.1- issue process against the accused under section 138 of the Negotiable Instrument Act. Summons returnable on 01.04.2020
    Next Purpose: Awaiting services of notice / summons
    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: Awaiting services of notice / summons
    Next Hearing Date: 06-05-2020
    
    Date: 06-05-2020
    Business: National lock down extended up to 17th May 2020.
    Next Purpose: Awaiting services of notice / summons
    Next Hearing Date: 10-08-2020
    
    Date: 10-08-2020
    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: 25-11-2020
    
    Date: 25-11-2020
    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: 04-03-2021
    
    Date: 04-03-2021
    Business: When called out, complainant absent, his advocate present.
    Accused and his advocate absent.
    for report.
    Next Purpose: Awaiting services of notice / summons
    Next Hearing Date: 16-06-2021
    
    Date: 16-06-2021
    Business: Today Case is taken on board
    Accused is present with his advocate
    Exh. 6- Advocate for the accused filed T.O.B. Application
    Allowed
    Exh. 7- Advocate for the accused filed V.P.
    Filed
    Exh. 8- Advocate for the accused filed warrant cancelation application
    Warrant is cancelled subject to penalty of Rs. 1000/-
    Exh. 9- Advocate for the accused filed bail application
    Accused be released on P.B. and Cash security of Rs. 7000/-
    Exh. 10- P. R. Bond of Rs. 7000/-
    Exh. 11- Cash Bond of Rs. 7000/-
    Exh. 12- Plea of the accused
    Plead not guilty.
    Adj for Filing affidavit of the evidence
    Next Purpose: FOR HEARING
    Next Hearing Date: 17-06-2021
    
    Date: 17-06-2021
    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: FOR HEARING
    Next Hearing Date: 24-09-2021
    
    Date: 24-09-2021
    Business: When matter is called out.
    Complainant is present advocate for the Complainant is absent.
    Accused is present advocate for the Accused is absent.
    Adj for filing affidavit of evidence.
    Next Purpose: FOR HEARING
    Next Hearing Date: 12-10-2021
    
    Date: 12-10-2021
    Business: When matter is called out.
    Complainant is present advocate for the Complainant is present.
    Accused is present advocate for the Accused is absent.
    Exh. 13- Complainant is given affidavit of evidence.
    Read and recorded.
    Exh. 14- List of document.
    Original document be exhibited viz. Exh.15 to Exh.19.
    Adj for cross examination of the complainant.
    Next Purpose: PART HEARD
    Next Hearing Date: 28-01-2022
    
    Date: 28-01-2022
    Business: As per direction of SOP issued by Honable H.C. and Honable CMM mumbai . Office order No. Estt- 16/26/2022. dt. 7.1.22. Hence case is adj.
    Next Purpose: PART HEARD
    Next Hearing Date: 24-05-2022
    
    Date: 24-05-2022
    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. 20- application for adjournment and exemption. O/- Adjournment is  is granted subjected to cost of Rs. 500/-
    Adj for cross examination of the complainant.
    Next Purpose: PART HEARD
    Next Hearing Date: 08-08-2022
    
    Date: 08-08-2022
    Business: When matter is called out. Complainant is present advocate for the Complainant is present. Accused is absent advocate for the Accused is present.
    Adj for cross examination of the complainant.
    Next Purpose: PART HEARD
    Next Hearing Date: 17-09-2022
    
    Date: 17-09-2022
    Business: When matter is called out. Complainant is present advocate for the Complainant is present. Accused is present advocate for the Accused is absent. Adj for 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 present advocate for the Complainant is present. Accused is present advocate for the Accused is present. Adj for cross examination of the complainant.
    Next Purpose: PART HEARD
    Next Hearing Date: 17-02-2023
    
    Date: 17-02-2023
    Business: When matter is called out. Complainant is present advocate for the Complainant is present. Accused is present advocate for the Accused is absent. Adj for cross examination of the complainant.
    Next Purpose: PART HEARD
    Next Hearing Date: 03-06-2023
    
    Date: 03-06-2023
    Business: Ld. M.M. is transferred. charged with Ld. M.M. 12th court. Hence, Board is discharged. Adj for .
    Next Purpose: PART HEARD
    Next Hearing Date: 10-07-2023
    
    Date: 10-07-2023
    Business: When matter is called out. Complainant is present advocate for the Complainant is present. Accused is present advocate for the Accused is present. Adj for cross examination of the complainant.
    Next Purpose: PART HEARD
    Next Hearing Date: 30-09-2023
    
    Date: 30-09-2023
    Business: When matter is called out. Complainant is present advocate for the Complainant is present. Accused is absent advocate for the Accused is present. Adj for cross examination of the complainant.
    Next Purpose: PART HEARD
    Next Hearing Date: 07-12-2023
    
    Date: 07-12-2023
    Business: When matter is called out. Complainant is present advocate for the Complainant is absent. Accused is absent advocate for the Accused is absent.
    Adj for cross examination of the complainant.
    Next Purpose: PART HEARD
    Next Hearing Date: 14-03-2024
    
    Date: 14-03-2024
    Business: When matter is called out. Complainant is present advocate for the Complainant is present. Accused is present advocate for the Accused is absent. Exh.22 Application for closing the cross examination of the complainant. O/- Keep for order on next date.  Adj for cross examination of the complainant.
    Next Purpose: PART HEARD
    Next Hearing Date: 14-05-2024
    
    Date: 14-05-2024
    Business: Ld M.M. is on leave. Hence board is discharged. Charge with MM 12th Court.
    Next Purpose: PART HEARD
    Next Hearing Date: 22-05-2024
    
    Date: 22-05-2024
    Business: When matter is called out. Complainant is present advocate for the Complainant is present. Accused is absent advocate for the Accused is absent.
    Order below Exh. 13 O/- Accused and advocate absent. No application. No cross by the accused.
    Adj for Statement of the accused u/s 313 of CRPC.
    Next Purpose: Statement in 1st Session
    Next Hearing Date: 11-07-2024
    
    Date: 11-07-2024
    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: Statement in 1st Session
    Next Hearing Date: 20-07-2024
    
    Date: 20-07-2024
    Business: When matter is called out complainant is present his advocate is present accused absent his advocate is absent.  application for dispensed with 313 of  O/Exh- 23  The statement of 313 crpc stands dispense with adj for defense witness
    Next Purpose: PART HEARD
    Next Hearing Date: 31-08-2024
    
    Date: 31-08-2024
    Business: when called out complainant present and his advocate absent. accused absent and his advocate absent.
    Order below Exh. 01.
    1. The cash bail amount of Rs. 7000/- deposited by the accused stands forfeited and be credited to the Government.
    2. The matter be posted for final argument by the complainant.
    3. Order be displayed on CIS for the knowledge of the accused.
    4. Order dictated and pronounced in open court.
    Adj for final argument.
    Next Purpose: For Final Argument
    Next Hearing Date: 19-10-2024
    
    Date: 19-10-2024
    Business: when called out complainant present and his advocate absent. accused absent and his advocate present.  complainant is given written argument filed. advocate for accused adjournment. granted.
    adj for final order.
    Next Purpose: FOR JUDGMENT
    Next Hearing Date: 14-11-2024
    
    Date: 14-11-2024
    Business: Ld. JMFC is on leave charge with Ld. JMFC 32nd court. Hence board is discharge.
    adj for.
    Next Purpose: FOR JUDGMENT
    Next Hearing Date: 18-11-2024
    
    Date: 18-11-2024
    Business: When matter is called out Complainant present and his advocate is present. accused absent and his advocate present.
    application for seeking adjournment and exemption. granted last chance.
    adj for final order.
    Next Purpose: FOR JUDGMENT
    Next Hearing Date: 20-12-2024
    
    Date: 20-12-2024
    Business: When matter is called out Complainant is present advocate for Complainant is present Accused is absent advocate for Accused present. application for set a side. no cross order. complainant to say.  application for exemption.
    Adj for final order.
    Next Purpose: FOR JUDGMENT
    Next Hearing Date: 14-01-2025
    
    Date: 14-01-2025
    Business: called on today complainant and advocate present. accused and his advocate absent. complainant filed reply to the application moved by accused for setting a side no cross order at a stage of delivering Judgment. Today neither accused nor his advocate present to argue the application. There is reason to believe that advocate for accused is deliberately prolonging the matter. Hence matter adjourned for Order on application of the accused on next date.
    Next Purpose: FOR JUDGMENT
    Next Hearing Date: 24-01-2025
    
    Date: 24-01-2025
    
    Date: 03-02-2025
    Business: called on today complaint and advocate are present. heard.accused and advocate are absent. no arguments by the side of accused. Order passed on application to set a side no cross order- kept for order.matter adj to
    Next Purpose: FOR JUDGMENT
    Next Hearing Date: 15-02-2025
    
    Date: 15-02-2025
    Business: when called out complainant present and his present. accused absent and his advocate absent. Order below Exh. 28
    1. application is rejected.
    2. matter be posted for  Judgment on next date.
    3. Order be uploaded on CIS for the knowledge of parties and their advocates.
    4. Order dictated and pronounced in  open court.
    adj for Judgment.
    Next Purpose: FOR JUDGMENT
    Next Hearing Date: 07-03-2025
    
    Date: 07-03-2025
    Business: Exh. 31
    ORDER
    1.	Accused Khaja Mohammed Jainuddin Shaikh, Age : 45 years, R/o. Room No.19, D- Sector, Z-Line Mirza Galib Road, Chita Camp, Trombay, Near Star Hotel, Mumbai TF Doconar, Mumbai – 400 088, is hereby convicted vide section 255(2) r/w. 353(6) of The Criminal Procedure Code, for the offence punishable under section 138 of the Negotiable Instrument Act, 1881 and he is sentenced to undergo simple imprisonment for 01 (One) month and to pay fine of Rs.50,000/- (Rupees Fifty Thousand only) with interest @ 7% per annum from the date of first cheque that is 01.10.2019 till realization, in default of payment of fine alongwith accrued interest to suffer further simple imprisonment for 15 (fifteen) days.
     2.	If fine alongwith accrued interest is paid, the complainant be given the same as compensation u/sec.357(1)(b) of Code of Criminal Procedure.
     3.	The bail bonds of accused being forfeited stands cancelled.
     4.	Issue warrant for arrest u/sec.418(2) of Code of Criminal Procedure 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: 07-03-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 708381/2019
    Filing Date: 21-11-2019
    First Hearing Date: 01st January 2020
    Decision Date: 07th March 2025
    Court Number And Judge: 58-JUDICIAL MAGISTRATE FIRST CLASS 58TH COURT

    Orders

    5
    Final Order 3Full order available
    07 Mar 2025

    Order Details: Order Below EX 1 Pdf Text: Summons Cases SS/5801204/2019 Judgment Exh.31 MHMM180082882019 Filed on :21.11.2019 Registered on :21.11.2019 Decided on :07.03.2025 Duration :05-Y 03-M 15-D IN THE COURT OF JUDICIAL MAGISTRATE(FIRST CLASS), 58TH COURT, BANDRA, MUMBAI. (Presided over by M. P. Saraf) Summons Cases SS/5801204/2019 (CNR NO.MHMM180082882019) Exh.31 Wakil Ahmed S/o. Khalil Ahmed Age : Adult, R/o. at 12, Shaffi Building, Ground Floor, Near Jama Masjid Main Road, Dharavi, Mumbai – 400 017. …. Complainant. Versus Khaja Mohammed…

    Read Full Order
    Interim Order 2
    03 Feb 2025
    Order Details: Order Below EX 1
    Pdf Text: -- 1 of 1 --
    Interim Order 1Full order available
    31 Aug 2024

    Order Details: Order Below EX 1 Pdf Text: MHMM180082882019 Summons Cases SS/5801204/2019 Wakil Ahmed Vs. Khaja Mohammed Jainuddin Shaikh IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS, 58TH COURT, BANDRA, MUMBAI ORDER BELOW EXH.01 1. Complainant present. Heard complainant. 2. Accused absconded and absent since last so many dates. Perused proceeding. Plea of accused was recorded on 16.06.2021 by my Ld. Predecessor. Complainant filed his evidence affidavit on 12.10.2021. Till 22.05.2024 the accused and his advocate have not exercised their…

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    Order 2
    03 Feb 2025
    Order Details: Order Below EX 1
    Pdf Text: -- 1 of 1 --
    Order 1Full order available
    31 Aug 2024

    Order Details: Order Below EX 1 Pdf Text: MHMM180082882019 Summons Cases SS/5801204/2019 Wakil Ahmed Vs. Khaja Mohammed Jainuddin Shaikh IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS, 58TH COURT, BANDRA, MUMBAI ORDER BELOW EXH.01 1. Complainant present. Heard complainant. 2. Accused absconded and absent since last so many dates. Perused proceeding. Plea of accused was recorded on 16.06.2021 by my Ld. Predecessor. Complainant filed his evidence affidavit on 12.10.2021. Till 22.05.2024 the accused and his advocate have not exercised their…

    Read Full Order

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