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Summons Cases SW

RAJESH HIRAMANI BADARTHWALVsRAMESH KOLI +2 more

CNR MHMM18008557201912-JUDICIAL MAGISTRATE (FIRST CLASS), 12TH COURT
Additional Metropolitan Magistrate, Bandra, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--Dismissed
Decision Date: 12th October 2022

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
1200264/2019
Registration Date
30 Nov 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    4

    Petitioner

    1. 1RAJESH HIRAMANI BADARTHWAL

    Respondent

    1. 1RAMESH KOLI
    2. 2NIKITA RAMESH KOLI
    3. 3SUBHASH KASAB

    Acts & Sections

    1
    Indian Penal Code · Sec 406 · 420 · 504 · 506

    Case History / Proceedings

    Case History
    Date: 28-01-2020
Business: Complainant present adv present
case adj for order
Next Purpose: NOT HEARD CASES
Next Hearing Date: 25-02-2020

Date: 25-02-2020

Date: 06-05-2020
Reason For Adjournment: National Lock Down extended up to 3rd May 2020
Next Purpose: NOT HEARD CASES
Next Hearing Date: 25-06-2020

Date: 25-06-2020
Business: As per direction of Honble High court and Honble CMM

As per direction of Honble High court and Honble CMM Mumbai board discharge  hence  adj.
Next Purpose: NOT HEARD CASES
Next Hearing Date: 27-08-2020

Date: 27-08-2020
Business: As per direction of SOP issued by Honble High court and Honble CMM Mumbai. Board discharge case adj.
Next Purpose: NOT HEARD CASES
Next Hearing Date: 25-11-2020

Date: 25-11-2020
Business: Ld Metropolitan Magistrate is on leave board discharge case adj.
Next Purpose: NOT HEARD CASES
Next Hearing Date: 18-01-2021

Date: 18-01-2021
Business: Complainant present adv present.
on oral request of adv for Complainant case adj for consideration.
Next Purpose: NOT HEARD CASES AT 2.50 P.M.
Next Hearing Date: 25-03-2021

Date: 25-03-2021
Business: Complainant present adv present.
case adj for Consideration.
Next Purpose: NOT HEARD CASES AT 2.50 P.M.
Next Hearing Date: 29-05-2021

Date: 29-05-2021
Business: As per office order No.Estt.16/679/2021. dt-17-04-2021. case adj.
Next Purpose: NOT HEARD CASES AT 2.50 P.M.
Next Hearing Date: 31-07-2021

Date: 31-07-2021
Business: In view of SOP of Covid-19 and Circular of Honorable CMM vide OW No. Estt. 16/930/2021. dt-11-06-2021. Board discharged.
Next Purpose: NOT HEARD CASES AT 2.50 P.M.
Next Hearing Date: 07-09-2021

Date: 07-09-2021
Business: Called. complainant present.
accused absent.
Case adj. till
Next Purpose: NOT HEARD CASES AT 2.50 P.M.
Next Hearing Date: 19-01-2022

Date: 19-01-2022
Business: Matter not called in view of S.O.P. dated 06-01-2022.
Adj. on same stage till next date.
Next Purpose: NOT HEARD CASES AT 2.50 P.M.
Next Hearing Date: 06-04-2022

Date: 06-04-2022
Business: Called. Complainant and his advocate present.
verification recored.
Adj on argument on issue precess.
Next Purpose: FOR ARGUMENT AT 2.45
Next Hearing Date: 17-06-2022

Date: 17-06-2022
Business: Called.
Complainant and his advocate absent  adj for  argument
Next Purpose: FOR ARGUMENT AT 2.45
Next Hearing Date: 12-10-2022

Date: 12-10-2022
Business: Called. Advocate for complainant present.
Argument heard.
Order passed below Exh-1.
Complaint is dismissed.
Proceeding disposed off.
Nature Of Disposal: Dismissed
Disposal Date: 12-10-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 708719/2019
Filing Date: 30-11-2019
First Hearing Date: 28th January 2020
Decision Date: 12th October 2022
Court Number And Judge: 12-JUDICIAL MAGISTRATE (FIRST CLASS), 12TH COURT

    Orders

    1
    Final Order 1
    12 Oct 2022
    Order Details: Order Below EX 1
Pdf Text: C. C. No. 264 SW 2019 Rajesh Vs Ramesh and anr.
CNR-MHMM18-008557-2019
ORDER BELOW EXH.1
1. Perused record. Heard Ld. Advocate for the complainant.
2. It is the case of the complainant that he is a real estate agent.
Accused persons were intending to sell their flat and contacted him.
Complainant searched customer/purchaser for them and later on all of
them without informing complainant entered into sell transaction. They
had not paid brokerage and other charges agreed by them.
3. The contents of the complaint and verification reflect above
discussed fact. But the whole transaction even if accepted as it is, it is
purely transaction of civil nature. Though it is pleaded that since
inception accused persons had clear intention to cheat the complainant,
the necessary pleadings and material required to constitute element of
wrongful gain and wrongful loss in consequence of intention to defraud is
totally missing. As such no prima facie case made out to proceed further,
accordingly following order -
ORDER
Complaint is dismissed.
Sd/-
MUMBAI (KOMALSING RAJPUT)
DATE – 12.10.2022 M.M., 12TH COURT, BANDRA, MUMBAI
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