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M/s Dynacraft Air ControlsVsM/s Jarnair Aircon Pvt Ltd +4 more

CNR MHMM18009159201958-JUDICIAL MAGISTRATE FIRST CLASS 58TH COURT
CASE DISPOSED
Uncontested--Withdraw after Filing Affidavit
Decision Date: 21st September 2026

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
5801268/2019
Registration Date
07 Dec 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    6

    Acts & Sections

    1
    NEGOTIABLE INSTRUMENTS ACT · Sec 138

    Case History / Proceedings

    Case History
    Date: 07-02-2020
    Business: Board is discharged.
    Due to work of lok adalat held on 8.2.20.
    Adj for.
    Next Purpose: NOT HEARD AT 2.45 P.M.
    Next Hearing Date: 06-03-2020
    
    Date: 06-03-2020
    Business: When called out complainant and advocate present.
    When called out complainant and advocate present.
    Exh. 4. Verification filed today.
    For argument .
    Next Purpose: NOT HEARD AT 2.45 P.M.
    Next Hearing Date: 29-05-2020
    
    Date: 29-05-2020
    Business: National Lock down extended up to 31st May 2020
    Next Purpose: NOT HEARD AT 2.45 P.M.
    Next Hearing Date: 05-09-2020
    
    Date: 05-09-2020
    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: 21-12-2020
    
    Date: 21-12-2020
    Business: When matter is called out Complainant and his advocate is present
    Exh. 5  Application for seeking permission to place list of documents alongwith statement and verification
    Exh-6  O/Exh.1- Issue process against  accused No.1 and 2  u/s. 138 of the Negotiable Instrument Act. Accused No.3 to 5 are discharged. Adj for summons report
    Next Purpose: Awaiting execution of Service Summons/BW
    Next Hearing Date: 31-03-2021
    
    Date: 31-03-2021
    Business: N.T.
    When called out, complainant absent, his advocate present.
    Accused absent, his advocate absent.
    For report.
    Next Purpose: Awaiting execution of Service Summons/BW
    Next Hearing Date: 25-05-2021
    
    Date: 25-05-2021
    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 execution of Service Summons/BW
    Next Hearing Date: 30-08-2021
    
    Date: 30-08-2021
    Business: When Called out Complainant is absent advocate for complainant is absent
    Accused present his advocate is present.
    Application for Vakalatnama of accused no 1 and 2.
    O/Exh - 9 Filed.
    Application for Exemption of Accused No.1 and 02.
    O/Exh- 10 Granted.
    O/Exh- 10
    Next Purpose: Awaiting execution of Service Summons/BW
    Next Hearing Date: 15-11-2021
    
    Date: 15-11-2021
    Business: When matter is called out. Complainant is absent. Advocate for complainant is present.  Accused no. 2 is present with Advocate.  Exh. 11 Application for bail. Accused be released on PB and cash security of Rs.15000/- Exh.12 PB and Cash bond. Exh.13 Plea of accused. Exh. 14 Application under statutory provision u/s. 143 in act praying for interim compensation to extent of 20 percent of the cheque amount. Accused to say. Adj for
    Next Purpose: FOR HEARING
    Next Hearing Date: 16-02-2022
    
    Date: 16-02-2022
    Business: When matter is called out. Complainant is absent. Advocate for complainant is present. Accused absent his advocate absent  Exh. 15-  advocate for complainant is given application for issue BW against accused No. 2. O/- Issue BW of Rs. 15000/- against accused. Adj for warrant report and say of accused.
    Next Purpose: FOR HEARING
    Next Hearing Date: 07-04-2022
    
    Date: 07-04-2022
    Business: Today Case TOB.  Exh. 16. Application allowed. Exh. 17- V.P. filed. Exh. 18- application for cancellation  of warrant. O/- Warrant is cancelled subjected to penalty of Rs. 1500/-
    Adj for say of accused Exh. 14.
    Next Purpose: FOR HEARING
    Next Hearing Date: 25-05-2022
    
    Date: 25-05-2022
    Business: When matter is called out. Complainant is absent. Advocate for complainant is present. Accused absent his advocate present  Order below Exh. 14-  The accused is directed to pay Rs. 115000/- to the complainant as interim compensation within two months from this  order. The complainant shall submit the undertaking that he will the refund the compensation amount in case of acquittal of the accused.
    Adj for .
    Next Purpose: FOR HEARING
    Next Hearing Date: 18-08-2022
    
    Date: 18-08-2022
    Business: Ld M.M. is on leave. Hence Board is discharge. Charge with Ld MM 12th court. Adj for
    Next Purpose: FOR HEARING
    Next Hearing Date: 04-11-2022
    
    Date: 04-11-2022
    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: 13-01-2023
    
    Date: 13-01-2023
    Business: When matter is called out. Complainant absent his advocate present. Accused absent and his advocate present.
    Exh. 19 application for exemption of accused no. 2.  Granted.
    Adj for filling of affidavit of evidence.
    Next Purpose: FOR HEARING
    Next Hearing Date: 21-06-2023
    
    Date: 21-06-2023
    Business: When matter is called out. Complainant absent his advocate present. Accused absent and his advocate present. Exh. 20 application for exemption of accused no. 2. rejected.  Exh. 21 application for issuance of NBW. O/- Issue NBW accused No. 2.
    Adj for filling of affidavit of evidence.
    Next Purpose: FOR HEARING
    Next Hearing Date: 15-07-2023
    
    Date: 15-07-2023
    Business: When matter is called out. Complainant absent his advocate present. Accused present and his advocate present.
    Exh. 22 application for cancellation of warrant. O/- warrant  is cancelled penalty of Rs. 200/-.
    Adj for filling of affidavit of evidence.
    Next Purpose: FOR HEARING
    Next Hearing Date: 13-10-2023
    
    Date: 13-10-2023
    Business: when called out. complainant absent and his advocate present. Accused is absent and his advocate present. Application for exemption of accused no.02 o/Exh-23 Granted.
    Adj for filling of affidavit of evidence.
    Next Purpose: FOR HEARING
    Next Hearing Date: 12-01-2024
    
    Date: 12-01-2024
    Business: when called out. complainant absent and his advocate present. Accused is absent and his advocate present. Exh. 24 application exemption. granted Exh. 23 application for issuance of NBW against accused no.02 . O/- rejected.
    Adj for filling of affidavit of evidence.
    Next Purpose: FOR HEARING
    Next Hearing Date: 01-04-2024
    
    Date: 01-04-2024
    Business: When matter is called out. complainant present and his advocate present. Accused absent and his advocate present. Exh. 26 Affidavit in examination in chief. read and record. Exh. 27  List of document. filed.
    Adj for Cross examination of the complainant.
    Next Purpose: PART HEARD
    Next Hearing Date: 11-06-2024
    
    Date: 11-06-2024
    Business: Ld. M.M. is on leave charge with Ld. M.M. 71st. court.
    Hence board is discharge.
    adj for.
    Next Purpose: PART HEARD
    Next Hearing Date: 03-08-2024
    
    Date: 03-08-2024
    Business: When matter is called out Complainant present and his advocate is present. Accused is absent. Advocate for accused is absent.
    Adj for cross examination of the complainant.
    Next Purpose: PART HEARD
    Next Hearing Date: 01-10-2024
    
    Date: 01-10-2024
    Business: When matter is called out complainant is absent. Advocate for complainant is present. Accused is absent. advocate for accused is present.  Exh. 57 application for exemption. granted. Adj for cross examination of the complainant.
    Next Purpose: PART HEARD
    Next Hearing Date: 06-12-2024
    
    Date: 06-12-2024
    Business: When matter is called out complainant is present. Advocate for complainant is present. Accused is absent. advocate for accused is absent. Exh. 58  application for issuance of NBW. Issue NBW against accused as prayed.
    Adj for cross examination of the complainant.
    Next Purpose: PART HEARD
    Next Hearing Date: 03-01-2025
    
    Date: 03-01-2025
    Business: When matter is called out complainant is present. Advocate for complainant is present. Accused is absent. advocate for accused is absent. . Adj for cross examination of the complainant.
    Next Purpose: PART HEARD
    Next Hearing Date: 01-02-2025
    
    Date: 01-02-2025
    Business: When matter is called out complainant is present. Advocate for complainant is present. Accused is absent. advocate for accused is absent. . Order passed Below Exh. 01  accused and advocate absent and failed to conduct cross examination . Hence no cross by the accused.
    Adj for statement of the accused u/s 313 of CRPC.
    Next Purpose: For Examination of Accused U/sec. 313 CrPC
    Next Hearing Date: 07-03-2025
    
    Date: 07-03-2025
    Business: When matter is called out complainant is present. Advocate for complainant is present. Accused is present. advocate for accused is present. Exh.   59  application for cancellation of warrant A. NO. 2 warrant stands cancelled on condition to pay penalty of Rs. 1000/-
    Exh. 60  application for siting aside no cross A. NO. 2  No cross order passed against accused stands cancelled on cost of Rs. 2000/- to be paid to complainant. Exh. 61 advocate for accessed VP  filed.
     Adj for statement of the accused u/s 313 of CRPC.
    Next Purpose: For Examination of Accused U/sec. 313 CrPC
    Next Hearing Date: 08-04-2025
    
    Date: 08-04-2025
    Business: When matter is called out complainant is present. Advocate for complainant is present. Accused is present. advocate for accused is absent.
    Adj for statement of the accused u/s 313 of CRPC.
    Next Purpose: For Examination of Accused U/sec. 313 CrPC
    Next Hearing Date: 08-05-2025
    
    Date: 08-05-2025
    Business: When matter is called out complainant is present. Advocate for complainant is present. Accused is present. advocate for accused is present.  Exh. 62 application for adjournment. granted.
    Adj for further any other witness.
    Next Purpose: PART HEARD
    Next Hearing Date: 19-07-2025
    
    Date: 19-07-2025
    Business: When called out. Complainant absent. Advocate for complainant absent. Accused absent. Advocate for accused present.
    application for exemption granted for today.
    Adj for cross examination of the complainant.
    Next Purpose: PART HEARD
    Next Hearing Date: 30-08-2025
    
    Date: 30-08-2025
    Business: When called out. Complainant absent. Advocate for complainant absent. Accused absent. Advocate for accused present. application for exemption granted for today. Adj for cross examination of the complainant.
    Next Purpose: PART HEARD
    Next Hearing Date: 19-11-2025
    
    Date: 19-11-2025
    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: 21-01-2026
    
    Date: 21-01-2026
    Business: When called out. Complainant absent. Advocate for complainant absent. Accused absent. Advocate for accused absent.
    Adj for cross examination of the complainant.
    Next Purpose: PART HEARD
    Next Hearing Date: 23-03-2026
    
    Date: 23-03-2026
    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: 10-07-2026
    
    Date: 10-07-2026
    Business: Ld. JMFC is vacant charge with Ld. JMFC 71st court. Hence board is discharge.
    adj for
    Next Purpose: PART HEARD
    Next Hearing Date: 21-09-2026
    
    Date: 21-09-2026
    Business: When matter is called out complainant is present. Advocate for complainant is present.  Exh. 65. application for withdraw.
    Order below Exh. 01.
     The permission to withdraw the complaint is granted to the complainant by passing order below Exh. 65.  Hence, the following order.
    1. The complaint is disposed of as withdrawn.
    2.  The accused are acquitted of the offence punishable u/s 138 of the N.I. act vide section 257 of the code of criminal procedure.
    3. The original documents be returned to the complainant after keeping their verified copies on record.
    3. Issue court fees refund certificate as per rules.
    Nature Of Disposal: Withdraw after Filing Affidavit
    Disposal Date: 21-09-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 708879/2019
    Filing Date: 06-12-2019
    First Hearing Date: 07th February 2020
    Decision Date: 21st September 2026
    Court Number And Judge: 58-JUDICIAL MAGISTRATE FIRST CLASS 58TH COURT

    Orders

    3
    Final Order 2
    21 Sept 2026
    Order Details: Order Below EX 1
    Pdf Text: MHMM180091592019
    IN THE COURT OF THE JUDICIAL MAGISTRATE (FIRST CLASS)
    58th COURT, BANDRA, MUMBAI
    Case No.1268/SS/2019
    M/s Dynacraft Air Controls ...Complainant.
    V/s.
    M/s Jarnair Aircon Pvt Ltd ...Accused.
    ORDER BELOW EXHIBIT-1
    The permission to withdraw the complaint is granted to
    the complainant by passing order below Exh.65. Hence, the following
    order :-
    ORDER
    1) The complaint is disposed of as withdrawn.
    2) The accused are acquitted of the offence punishable U/sec 138
    of the Negotiable Instruments Act vide Section 257 of the Code
    of Criminal Procedure.
    3) The original documents be returned to the complainant after
    keeping their verified copies on record.
    4) Issue court fees refund certificate as per rules.
    Sd/-
    (B.S. Sankpal)
    Judicial Magistrate (First Class)
    Date : 21.09.2026 58th Court, Bandra, Mumbai.
    -- 1 of 1 --
    Interim Order 1
    01 Feb 2025
    Order Details: Order Below EX 1
    Pdf Text: -- 1 of 1 --
    Order 1
    01 Feb 2025
    Order Details: Order Below EX 1
    Pdf Text: -- 1 of 1 --

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