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Summons Cases SS - Summons Case SS

Sushil Gupta HUFVsM/s Vistar Metal Industries Pvt Ltd +3 more

CNR MHMM18008475201958-JUDICIAL MAGISTRATE FIRST CLASS 58TH COURT
PENDING

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
5801243/2019
Registration Date
29 Nov 2019
Next Hearing Date
19 Dec 2026
Case Stage
PART HEARD

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    5

    Acts & Sections

    1
    NEGOTIABLE INSTRUMENTS ACT · Sec 138

    Case History / Proceedings

    Case History
    Date: 20-01-2020
    Business: When called out complainant present with advocate.
    Exh.4 Verification statement filed today.
    Order below exh.1.
    Read complaint and verification .
    Process issue against accused u/s.138 N.I.Act.
    Issue summons to accused.
    For summon report.
    Next Purpose: Awaiting services of notice / summons
    Next Hearing Date: 09-04-2020
    
    Date: 09-04-2020
    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: 15-07-2020
    
    Date: 15-07-2020
    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: Awaiting services of notice / summons
    Next Hearing Date: 23-10-2020
    
    Date: 23-10-2020
    Business: As Ld. M.M. is on leave, charged is with Ld. M.M. 71st Court, Board is discharged , Adj to.
    Next Purpose: Awaiting services of notice / summons
    Next Hearing Date: 08-02-2021
    
    Date: 08-02-2021
    Business: When called out, complainant absent his advocate absent.
    Accused and advocate absent.
    Adj for.
    Next Purpose: Awaiting services of notice / summons
    Next Hearing Date: 28-05-2021
    
    Date: 28-05-2021
    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: 01-09-2021
    
    Date: 01-09-2021
    Business: When matter is called out.
    Complainant is absent advocate for the Complainant is present.
    Adj for complainant to take steps.
    Next Purpose: NOT HEARD AT 2.45 P.M.
    Next Hearing Date: 21-10-2021
    
    Date: 21-10-2021
    Business: When matter is called out Complainant present and his advocate is present. Advocate for complainant is given application for bailable warrant. Issued bailable warrant  against accused no 1,2,and 4. Adj for warrant report
    Next Purpose: Awaiting execution of Service Summons/BW
    Next Hearing Date: 04-02-2022
    
    Date: 04-02-2022
    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: Awaiting execution of Service Summons/BW
    Next Hearing Date: 30-03-2022
    
    Date: 30-03-2022
    Business: When matter is called out Complainant present and Advocate for complainant is present. . Adj for
    Next Purpose: Awaiting execution of Service Summons/BW
    Next Hearing Date: 23-06-2022
    
    Date: 23-06-2022
    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 warrant report.
    Next Purpose: Awaiting execution of Service Summons/BW
    Next Hearing Date: 21-10-2022
    
    Date: 21-10-2022
    Business: When called out. complainant absent and his advocate present. accused absent his advocate absent.
    Exh.7- application for issuance of B/W against accused. O/- Issue B/W of Rs. 15000/-.
    Adj for warrant report.
    Next Purpose: Awaiting execution of Service Summons/BW
    Next Hearing Date: 20-02-2023
    
    Date: 20-02-2023
    Business: When matter is called out Complainant absent and his advocate is present. Advocate for complainant is given application for bailable warrant against accused no.2 and 3. Issued bailable warrant. Adj for warrant report
    Next Purpose: Awaiting execution of Service Summons/BW
    Next Hearing Date: 18-04-2023
    
    Date: 18-04-2023
    Business: NT When called out. complainant absent his advocate present
    Adj for warrant report.
    Next Purpose: Awaiting execution of Service Summons/BW
    Next Hearing Date: 12-06-2023
    
    Date: 12-06-2023
    Business: When matter is called out complainant is present advocate for complainant is present. accused and his advocate are absent. Application for NBW against the accused. O/Exh- 11 Issue NBW against accused.
    Next Purpose: Awaiting execution of service NBW
    Next Hearing Date: 15-06-2023
    
    Date: 15-06-2023
    Business: Application for C.T.O.B. O/Exh -12 Allowed.
    Accused no.03 Present with advocate.
    Application for vakalatnama. O/Exh 13 Filed.
    Application for Cancellation of NBW against the accused no.4 O/Exh-14 NBW issued Against accused no 04 stands Cancelled. on penalty of Rs.500 and warning to attend the court regulary.
    Application for u/ 439 of crpc for grant bail on behalf of the accused. O/Exh-15 Accused No.04 is released on bail on exeuting her P. B. of Rs.15000 Cash Bail is allowed
    Exh - 16 PR and Cash Bond Of Rs. 15000 Exh- 17 Plea is recorded Accused No.04  Adj for warrant report of accused No.2
    Next Purpose: Awaiting execution of service NBW
    Next Hearing Date: 12-07-2023
    
    Date: 12-07-2023
    Business: When matter is called out complianant is absent his advocate is present. Accused absent accused no 4 is present.adj for report of accused no.02
    Next Purpose: CHARGE FRAMED  - Framing of Charge / Plea
    Next Hearing Date: 18-07-2023
    
    Date: 18-07-2023
    Business: Case is TOB today.
    Accused No. 2 Advocate  present Exh. 18 Application is allowed. Exh. 19  application for for cancellation of NBW warrant. O/- The application stands rejected.
    Next Purpose: CHARGE FRAMED  - Framing of Charge / Plea
    Next Hearing Date: 23-10-2023
    
    Date: 23-10-2023
    Business: Ld. MM. is on leave. charge with Ld. M.M. 71st court. Hence board is discharged.
    Adj for
    Next Purpose: CHARGE FRAMED  - Framing of Charge / Plea
    Next Hearing Date: 07-12-2023
    
    Date: 07-12-2023
    Business: as per roznama
    Next Purpose: CHARGE FRAMED  - Framing of Charge / Plea
    Next Hearing Date: 16-03-2024
    
    Date: 16-03-2024
    Business: When called out. complainant absent and his advocate absent. Accused is absent. Advocate for accused is present. Exh. 26 Advocate for accused is given application for exemption of accused no 2 and 4. O/- Granted. Adj for further steps
    Next Purpose: CHARGE FRAMED  - Framing of Charge / Plea
    Next Hearing Date: 19-04-2024
    
    Date: 19-04-2024
    Business: When called out. complainant absent and his advocate absent. Accused is absent. Advocate for accused is present. Exh. 26 Advocate for accused is given application for exemption of accused no 2 and 4.
    O/- Granted. Adj for further steps
    Next Purpose: CHARGE FRAMED  - Framing of Charge / Plea
    Next Hearing Date: 30-07-2024
    
    Date: 30-07-2024
    Business: Ld. M.M. is on leave charge with Ld. M.M. 12th court. Hence board is discharge.
    adj for.
    Next Purpose: CHARGE FRAMED  - Framing of Charge / Plea
    Next Hearing Date: 25-09-2024
    
    Date: 25-09-2024
    Business: Order below Exh. 01
    The complainant and his advocate absent. Hear advocate for the accused No. 2 and 4. Accused no. 2 and 4 appear and plea is already recorded. It seems that complainant might have lost interest in proceeding with the matter  and as such had not taken steps to proceed further with the matter. Hence, matter be kept for dismissal in first session.
    Next Purpose: For Dissmissal
    Next Hearing Date: 21-10-2024
    
    Date: 21-10-2024
    Business: when called out complainant present. accused present and his advocate present.
    adj for dismissal order.
    Next Purpose: For Dissmissal
    Next Hearing Date: 19-12-2024
    
    Date: 19-12-2024
    Business: when called out complainant present and his advocate present. accused absent and his advocate present.  advocate for complainant V. P. filed. O/Exh- 30 Filed. Application for Exemption and adjournment. O/Exh- 31 and 32 Granted.
    adj for filling affidavit of evidence.
    Next Purpose: FOR HEARING
    Next Hearing Date: 11-03-2025
    
    Date: 11-03-2025
    Business: when called out complainant present and his advocate present. accused absent and his advocate absent.  Exh. 33 application for adjournment. granted.
    adj for filling affidavit of evidence.
    Next Purpose: FOR HEARING
    Next Hearing Date: 26-05-2025
    
    Date: 26-05-2025
    Business: Ld. JMFC is on vacation leave charge with Ld. JMFC 12th court. Hence board is discharge. adj for.
    Next Purpose: FOR HEARING
    Next Hearing Date: 06-08-2025
    
    Date: 06-08-2025
    Business: called on today advocate for complainant is absent and his advocate present. accused absent and his advocate present.
    Exh. 34  application for exemption. granted for today.
    Adj for filing of affidavit of evidence.
    Next Purpose: FOR HEARING
    Next Hearing Date: 03-11-2025
    
    Date: 03-11-2025
    Business: Ld. JMFC is on leave charge with
    Ld. JMFC 71st court. Hence board is discharge.
    adj for
    Next Purpose: FOR HEARING
    Next Hearing Date: 22-12-2025
    
    Date: 22-12-2025
    Business: called on today advocate for complainant is present and his advocate present. accused absent and his advocate present. Exh. 35 application for exemption A. NO. 2 and 3. granted for today. Exh. 36 Affidavit of Examination in chief read and record.
    Exh. 37 List of document seen and filed.
    Adj for cross examination of the complainant.
    Next Purpose: PART HEARD
    Next Hearing Date: 16-02-2026
    
    Date: 16-02-2026
    Business: called on today advocate for complainant is present and his advocate present. accused absent and his advocate present. Exh. 72 pursis. seen. Exh. 73  application for exemption A. NO. 2 granted for today.
    Adj for cross examination of the complainant.
    Next Purpose: PART HEARD
    Next Hearing Date: 11-05-2026
    
    Date: 11-05-2026
    Business: called on today complainant absent advocate for complainant is absent . accused absent and his advocate present.
    Adj for cross examination of the complainant.
    Next Purpose: PART HEARD
    Next Hearing Date: 21-07-2026
    
    Date: 21-07-2026
    Business: called on today complainant present advocate for complainant is present . accused absent and his advocate present.  Exh. 74 exemption application granted  a strictly last chance.
    Adj for cross examination of the complainant.
    Next Purpose: PART HEARD
    Next Hearing Date: 21-09-2026
    
    Date: 21-09-2026
    Business: called on today complainant present advocate for complainant is present . accused absent and his advocate present.
    Exh. 45 application for exemption A. No. 2 and 4. rejected.
    Exh. 46 application for issuance of NBW A. No. 2 and 3. exemption rejected Issue NBW against accused NO. 2 and 3.
    Adj for cross examination of the complainant.
    Next Purpose: PART HEARD
    Next Hearing Date: 24-09-2026
    
    Date: 24-09-2026
    Business: called on today case is TOB.
    accused No. 3 present and his advocate present.  EXh. 77 allowed.
    Exh. 78 application for cancellation of warrant A. No. 4  Thus considering the citation NBW if any stands cancelled and be called back forthwith. The accused No. 4 is directed to remain present on next date and proceed with the case without fail.
    Exh. 79 application on behalf of accused No. 2 for cancellation of warrant.
     matter is taken on board the complainant is not present Heard Ld. advocate of accused No. 2 gone through the observations of Honble HIgh court passed in the case of Arunkumar N Chaturvedi /s state of Maharashtra the accused applicant is  ready to present in the court on next date the matter is pending for hearing thus considering the reason mentioned in the application nature of dispute state and age of the proceeding as well as above observations NBW issue against accused stands cancelled subject to penalty of Rs. 10000/-.
     Adj for cross examination of the complainant.
    Next Purpose: PART HEARD
    Next Hearing Date: 19-12-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 708635/2019
    Filing Date: 29-11-2019
    First Hearing Date: 20th January 2020
    Court Number And Judge: 58-JUDICIAL MAGISTRATE FIRST CLASS 58TH COURT

    Orders

    2
    Interim Order 1
    25 Sept 2024
    Order Details: Order Below EX 1
    Pdf Text: MHMM180084752019
    Summons Cases SS/5801243/2019
    Sushil Gupta HUF Vs. M/s Vistar Metal Industries
    Pvt Ltd
    IN THE COURT OF JUDICIAL MAGISTRATE(FIRST CLASS),
    58TH COURT, BANDRA, MUMBAI
    ORDER BELOW EXH.01
    The complainant and his advocate absent. Heard advocate
    for the accused Nos.2 and 4. Accused Nos. 2 and 4 appear and plea is
    already recorded. It seems that complainant might have lost interest in
    proceeding with the matter and as such had not taken steps to proceed
    further with the matter. Hence, matter be kept for dismissal in first
    session.
    Mumbai, (M. P. Saraf)
    Dated : 25.09.2024. Judicial Magistrate, First Class,
    58th Court, Bandra, Mumbai.
    J.O.Code-MH01362
    -- 1 of 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 : 25.09.2024.
    Transcribed and Typed on : 25.09.2024.
    Order printed and Signed on : 25.09.2024.
    Order Uploaded on : 25.09.2024.
    -- 2 of 2 --
    Order 1
    25 Sept 2024
    Order Details: Order Below EX 1
    Pdf Text: MHMM180084752019
    Summons Cases SS/5801243/2019
    Sushil Gupta HUF Vs. M/s Vistar Metal Industries
    Pvt Ltd
    IN THE COURT OF JUDICIAL MAGISTRATE(FIRST CLASS),
    58TH COURT, BANDRA, MUMBAI
    ORDER BELOW EXH.01
    The complainant and his advocate absent. Heard advocate
    for the accused Nos.2 and 4. Accused Nos. 2 and 4 appear and plea is
    already recorded. It seems that complainant might have lost interest in
    proceeding with the matter and as such had not taken steps to proceed
    further with the matter. Hence, matter be kept for dismissal in first
    session.
    Mumbai, (M. P. Saraf)
    Dated : 25.09.2024. Judicial Magistrate, First Class,
    58th Court, Bandra, Mumbai.
    J.O.Code-MH01362
    -- 1 of 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 : 25.09.2024.
    Transcribed and Typed on : 25.09.2024.
    Order printed and Signed on : 25.09.2024.
    Order Uploaded on : 25.09.2024.
    -- 2 of 2 --

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