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Prakash Ramanlal DhariaVsBhandari Properties Pvt Ltd +4 more

CNR MHMM18008756201958-JUDICIAL MAGISTRATE FIRST CLASS 58TH COURT
Additional Metropolitan Magistrate, Bandra, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--Dismissed
Decision Date: 28th July 2025

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
5801257/2019
Registration Date
04 Dec 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    6

    Petitioner

    1. 1Prakash Ramanlal Dharia

    Respondent

    1. 1Bhandari Properties Pvt Ltd
    2. 2Salim Esmail Merchant
    3. 3Salman Salim Merchant
    4. 4Aslam Merchant Esmail
    5. 5Ashfaq Aslam Merchant

    Acts & Sections

    1
    NEGOTIABLE INSTRUMENTS ACT · Sec 138

    Case History / Proceedings

    Case History
    Date: 11-12-2019
Business: When matter is called out Advocate for complainant is present. Advocate is given application to furnishing the challan of court fees of Rs.7200/-. Order passed J.C. to verify. Adj for deface of challan.
Next Purpose: For Steps
Next Hearing Date: 29-02-2020

Date: 29-02-2020
Business: When called out complainant absent. advocate present.
For deface of court fees.
Next Purpose: For Steps
Next Hearing Date: 27-04-2020

Date: 27-04-2020
Reason For Adjournment: National Lock Down extended up to 3rd May 2020
Next Purpose: For Steps
Next Hearing Date: 23-07-2020

Date: 23-07-2020
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: For Steps
Next Hearing Date: 02-11-2020

Date: 02-11-2020
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: FOR VERIFICATION
Next Hearing Date: 22-12-2020

Date: 22-12-2020
Business: When matter is called out Complainant and his advocate is present Exh. 4- Complainant is given verification statement Read and recorded
Exh- 5 Submission copy of ROC company copy of accused application is allowed
O/Exh.1- Issue process against all accused u/s. 138 of the Negotiable Instrument Act Adj for summons report
Next Purpose: Awaiting execution of Service Summons/BW
Next Hearing Date: 23-03-2021

Date: 23-03-2021
Business: N.T
When called out, complainant present, his advocate present.
Accused absent, his advocate absent.
Adj for.
Next Purpose: Awaiting execution of Service Summons/BW
Next Hearing Date: 05-07-2021

Date: 05-07-2021
Business: When matter is called out, Both parties are 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: Awaiting execution of Service Summons/BW
Next Hearing Date: 14-10-2021

Date: 14-10-2021
Business: When matter is called out Complainant and his advocate is absent. Accused is absent. Advocate for accused is present. Exh.6 Advocate for accused is filed VP today. Advocate for accused is given application for exemption of accused. Granted. Adj for
Next Purpose: Awaiting execution of Service Summons/BW
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: Awaiting execution of Service Summons/BW
Next Hearing Date: 11-04-2022

Date: 11-04-2022
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. 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: 28-06-2022

Date: 28-06-2022
Business: Today Case is TOB.
accused present and his advocate present. Exh. 8-  Application. Allowed. Exh. 9 application for cancellation of warrant. O/- warrant is cancelled subjected to penalty of Rs. 600/- each. Exh. 10 application for bail. O/- accused released on PB and cash security of Rs. 7000/-  each. Exh. 11-18 PR and cash bond. Adj Plea of the accused.
Next Purpose: CHARGE FRAMED  - Framing of Charge / Plea
Next Hearing Date: 05-08-2022

Date: 05-08-2022
Business: when case is called out.  complainant absent and his advocate absent.  accused present and his advocate present.  Exh. 19-  plea of the accused is recored today.
Adj for filling of affidavit of evidence.
Next Purpose: FOR HEARING
Next Hearing Date: 17-11-2022

Date: 17-11-2022
Business: when case is called out. complainant absent and his advocate absent. accused present and his advocate present.
Adj for filling of affidavit of evidence.
Next Purpose: FOR HEARING
Next Hearing Date: 12-01-2023

Date: 12-01-2023
Business: when case is called out. complainant absent and his advocate present. accused absent and his advocate present.
Adj for filling of affidavit of evidence.
Next Purpose: FOR HEARING
Next Hearing Date: 12-04-2023

Date: 12-04-2023
Business: When matter is called out Complainant absent and his advocate is absent. Accused is absent and his advocate present. Adj for filling affidavit of evidence.
Next Purpose: FOR HEARING
Next Hearing Date: 24-08-2023

Date: 24-08-2023
Business: Order below Exh. 01-
The complainant absent. Advocate absent. No  adjournment application nor complainant adduced evidence till date.  It seems that complaint has lost interest in proceeding with the case. Hence complaint be kept for passing dismissal order on next date.
Next Purpose: For Dissmissal
Next Hearing Date: 25-10-2023

Date: 25-10-2023
Business: When matter is called out Complainant absent and his advocate is present. Accused is Present. Advocate for accused is present. Application to remove the matter from caption for Dismissal order. O/Exh - 20  Granted opportunity. Adj for filling affidavit of evidence.
Next Purpose: FOR HEARING
Next Hearing Date: 02-02-2024

Date: 02-02-2024
Business: NT
Next Purpose: FOR HEARING
Next Hearing Date: 03-04-2024

Date: 03-04-2024
Business: When matter is called out Complainant absent and his advocate is present. Accused is absent. Advocate for accused is present. Exh.21 Advocate for complainant filed VP. Exh.22 Affidavit of evidence. O/- Read and record. Exh.23 List of witness. O/- Seen. Exh.24 List of document. O/- Filed. Exh.25 Advocate for accused filed exemption application of accused no. 2 to 5. O/- Granted. Adj for cross examination of complainant.
Next Purpose: PART HEARD
Next Hearing Date: 03-07-2024

Date: 03-07-2024
Business: When matter is called out Complainant present and his advocate is present. Accused is absent. Advocate for accused is present.  Exh. 26 application for exemption. granted.
Adj for cross examination of complainant.
Next Purpose: PART HEARD
Next Hearing Date: 31-08-2024

Date: 31-08-2024
Business: When matter is called out Complainant absent and his advocate is present. Accused is absent. Advocate for accused is present. Exh. 27 application for exemption. granted.
Adj for cross examination of complainant.
Next Purpose: PART HEARD
Next Hearing Date: 18-10-2024

Date: 18-10-2024
Business: When matter is called out Complainant present and his advocate is present. Accused is absent. Advocate for accused is present. Adj for cross examination of complainant.
Next Purpose: PART HEARD
Next Hearing Date: 07-12-2024

Date: 07-12-2024
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 cross examination of the complainant.
Next Purpose: PART HEARD
Next Hearing Date: 07-02-2025

Date: 07-02-2025
Business: when called out complainant absent and his advocate absent. accused absent and his advocate present.
Adj for cross examination of the complainant.
Next Purpose: PART HEARD
Next Hearing Date: 08-05-2025

Date: 08-05-2025
Business: when called out complainant absent and his advocate present. accused absent and his advocate present.
Order below Exh. 01.
1. Matter be kept for discarding evidence affidavit of complainant and dismissal of complaint on next date.2. Order be uploaded on court Web Portal for the knowledge of the parties.
3. Order dictated and pronounce din open court.
Adj for cross examination of the complainant.
Next Purpose: PART HEARD
Next Hearing Date: 03-06-2025

Date: 03-06-2025
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: 28-07-2025

Date: 28-07-2025
Business: Order below Exh. 01-
      1.   The complaint is dismissed  in default of the complainant vide section 256 of CRPC  and section 279 of Bharatiya Nagarik Suraksha Sanhita, 2023.
    2. The accused are acquitted of the offence punishable u/s. 138 of the NI act.
    3. Order dictated and pronounced in open court.
Nature Of Disposal: Dismissed
Disposal Date: 28-07-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 708789/2019
Filing Date: 03-12-2019
First Hearing Date: 11th December 2019
Decision Date: 28th July 2025
Court Number And Judge: 58-JUDICIAL MAGISTRATE FIRST CLASS 58TH COURT

    Orders

    5
    Final Order 3Full order available
    28 Jul 2025

    Order Details: Order Below EX 1 Pdf Text: MHMM180087562019 Summons Cases SS/5801257/2019 Prakash Ramanlal Dharia Vs. Bhandari Properties Pvt Ltd IN THE COURT OF JUDICIAL MAGISTRATE(FIRST CLASS), 58TH COURT, BANDRA, MUMBAI ORDER BELOW EXH.01 The complainant and advocate absent. The case is pending since year 2019. No steps taken to proceed with the case by the complainant despite passing specific order dated 08.05.2025. It seems that complainant have lost interest in proceeding with the matter and as such not taking…

    Read Full Order
    Interim Order 2Full order available
    08 May 2025

    Order Details: Order Below EX 1 Pdf Text: MHMM180087562019 Summons Cases SS/5801257/2019 Prakash Ramanlal Dharia Vs. Bhandari Properties Pvt Ltd IN THE COURT OF JUDICIAL MAGISTRATE (FIRST CLASS), 58TH COURT, BANDRA, MUMBAI ORDER BELOW EXH.01 Complainant and his advocate absent. Heard advocate for accused. 2. Perused proceeding. 3. Complainant has filed notarized affidavit in lieu of examination in chief on 03.04.2024. To substantiate the oral evidence complainant has not filed the required documentary evidence in original form such as cheque,…

    Read Full Order
    Interim Order 1
    24 Aug 2023
    Order Details: Order Below EX 1
Pdf Text: C. C. No.1257/SS/2019
Exh.01
MHMM180087562019
C. C. No.1257/SS/2019
Prakash Ramanlal Dharia Vs. Bhandari
Properties Pvt Ltd.
IN THE COURT OF THE METROPOLITAN MAGISTRATE, 58TH COURT,
BANDRA, MUMBAI
ORDER BELOW EXH.01
The complainant absent. Advocate absent. No
adjournment application nor complainant adduced evidence till
date. It seems that complainant has lost interest in proceeding
with the case. Hence, complaint be kept for passing dismissal
order on next date that is 25.10.2023.
Mumbai, (M.P.Saraf)
Dated : 24.08.2023. Metropolitan Magistrate,
58th Court, Bandra, Mumbai.
J.O.Code-MH01362
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 : Metropolitan Magistrate, 58th Court, Bandra,
Mumbai.
Dictated in open court on : 24.08.2023.
Transcribed and Typed on : 24.08.2023.
Order printed and Signed on : 24.08.2023.
Order Uploaded on : 24.08.2023.
-- 1 of 1 --
    Order 2Full order available
    08 May 2025

    Order Details: Order Below EX 1 Pdf Text: MHMM180087562019 Summons Cases SS/5801257/2019 Prakash Ramanlal Dharia Vs. Bhandari Properties Pvt Ltd IN THE COURT OF JUDICIAL MAGISTRATE (FIRST CLASS), 58TH COURT, BANDRA, MUMBAI ORDER BELOW EXH.01 Complainant and his advocate absent. Heard advocate for accused. 2. Perused proceeding. 3. Complainant has filed notarized affidavit in lieu of examination in chief on 03.04.2024. To substantiate the oral evidence complainant has not filed the required documentary evidence in original form such as cheque,…

    Read Full Order
    Order 1
    24 Aug 2023
    Order Details: Order Below EX 1
Pdf Text: C. C. No.1257/SS/2019
Exh.01
MHMM180087562019
C. C. No.1257/SS/2019
Prakash Ramanlal Dharia Vs. Bhandari
Properties Pvt Ltd.
IN THE COURT OF THE METROPOLITAN MAGISTRATE, 58TH COURT,
BANDRA, MUMBAI
ORDER BELOW EXH.01
The complainant absent. Advocate absent. No
adjournment application nor complainant adduced evidence till
date. It seems that complainant has lost interest in proceeding
with the case. Hence, complaint be kept for passing dismissal
order on next date that is 25.10.2023.
Mumbai, (M.P.Saraf)
Dated : 24.08.2023. Metropolitan Magistrate,
58th Court, Bandra, Mumbai.
J.O.Code-MH01362
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 : Metropolitan Magistrate, 58th Court, Bandra,
Mumbai.
Dictated in open court on : 24.08.2023.
Transcribed and Typed on : 24.08.2023.
Order printed and Signed on : 24.08.2023.
Order Uploaded on : 24.08.2023.
-- 1 of 1 --

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