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Summons Cases SS - Summons Case SS

Vijaykumar Ashwani MishraVsBharat Gajanan Mahale

CNR MHMM18009231201958-JUDICIAL MAGISTRATE FIRST CLASS 58TH COURT
CASE DISPOSED
Uncontested--Case Withdrawn Accused Acquitted
Decision Date: 10th July 2025

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
5801320/2019
Registration Date
20 Dec 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: 12-03-2020
    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: 01-06-2020
    
    Date: 01-06-2020
    Business: National Lock down extended up to 30th  June 2020
    Next Purpose: Awaiting services of notice / summons
    Next Hearing Date: 08-09-2020
    
    Date: 08-09-2020
    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: Awaiting services of notice / summons
    Next Hearing Date: 23-12-2020
    
    Date: 23-12-2020
    Business: Board is discharged.
    As Ld M.M.is on leave.
    Charge is with Ld. M.M.32th court.
    Adj for.
    Next Purpose: Awaiting services of notice / summons
    Next Hearing Date: 12-03-2021
    
    Date: 12-03-2021
    Business: When called out, complainant present, his advocate present.
    Accused present, his advocate present.
    Exh.5. Adv for accused filed V.P today.
    Exh.6. Application for bail.
    Accused be released on P.R bond with cash security of Rs.10,000/- against accused.
    Exh. 07. P.R bond.
    Exh. 08. Cash bond.
    Exh. 09. Plea of accused.
    Exh.10. Adv for complainant filed application u/s. 143(A)(1)(2) of N.I.Act.
    Accused to say.
    Exh.11. Information regarding mediation.
    For say of accused on application 143.(A) at exh. 10. and mediation report and evidence.
    Next Purpose: FOR HEARING
    Next Hearing Date: 25-06-2021
    
    Date: 25-06-2021
    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: 15-09-2021
    
    Date: 15-09-2021
    Business: When matter is called out.
    Complainant is absent advocate for the Complainant is absent.
    Accused is present advocate for the Accused is present.
    Adj for Mediation report and filing affidavit of evidence of the complainant.
    Next Purpose: FOR HEARING
    Next Hearing Date: 25-11-2021
    
    Date: 25-11-2021
    Business: Ld. M.M. is on leave charge with Ld. M.M. 71st court. Hence board is discharged.
    Next Purpose: FOR HEARING
    Next Hearing Date: 10-01-2022
    
    Date: 10-01-2022
    Business: complainant absent his advocate present. accused absent his advocate present.
    No order due to SOP for covid. adj. for
    Next Purpose: FOR HEARING
    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 present advocate for the Accused is present. Adj for Mediation report and filing affidavit of evidence of the complainant.
    Next Purpose: FOR HEARING
    Next Hearing Date: 04-07-2022
    
    Date: 04-07-2022
    Business: When called out. complainant absent his advocate absent. accused present and his advocate present.  Exh. 11- Affidavit of reply. Filed.
    Adj for say on Exh. 10.
    Adj for verification.
    Next Purpose: FOR HEARING
    Next Hearing Date: 06-10-2022
    
    Date: 06-10-2022
    Business: When called out. complainant absent his advocate present. accused present and his advocate absent.
    Adj for filling affidavit of evidence.
    Next Purpose: FOR HEARING
    Next Hearing Date: 10-01-2023
    
    Date: 10-01-2023
    Business: When called out. complainant present his advocate present. accused present and his advocate present. Adj for filling affidavit of evidence.
    Next Purpose: FOR HEARING
    Next Hearing Date: 18-02-2023
    
    Date: 18-02-2023
    Business: When called out. complainant absent his advocate present. accused absent and his advocate present. Today VP filed.
    Adj for Order u/s. 143A. and filling affidavit of evidence.
    Next Purpose: FOR HEARING
    Next Hearing Date: 30-03-2023
    
    Date: 30-03-2023
    Business: When called out. complainant present his advocate present. accused absent and his advocate present.
    Order below Exh. 10  The application at Exh. 10 is rejected.
     Adj for filling affidavit of evidence.
    Next Purpose: FOR HEARING
    Next Hearing Date: 17-06-2023
    
    Date: 17-06-2023
    Business: When matter is called out.
    Complainant is absent. Advocate for the Complainant is present.
    Accused is present. Advocate for the Accused is present.
    O/Exh.01- Complainant and his advocate absent. Evidence affidavit or adjournment  application not filed. Keep for further order against complainant on next date.
    Adj for Filing affidavit of evidence of the complainant or further order against the complainant.
    Next Purpose: FOR HEARING
    Next Hearing Date: 18-08-2023
    
    Date: 18-08-2023
    Business: Ld M M is on leave. Hence board discharged. Charge is with M M 71st Court.
    Next Purpose: FOR HEARING
    Next Hearing Date: 13-10-2023
    
    Date: 13-10-2023
    Business: When matter is called out. Complainant is present. Advocate for the Complainant is present. Accused is present. Advocate for the Accused is present. application in support of affidavit seeking permission to lead secondary evidence. O/Exh - 13 Seen. Application seeking permission to lead secondary evidence. O/Exh-14 Accused to say. adv for accused received copy of application.
    for Filing affidavit of evidence of the complainant or further order against the complainant./ Say of accused on Exh - 14.
    Next Purpose: FOR HEARING
    Next Hearing Date: 21-12-2023
    
    Date: 21-12-2023
    Business: When matter is called out. Complainant is absent. Advocate for the Complainant is present. Accused is present. Advocate for the Accused is present. Exh. 15  reply to the application dated. 13.10.23 of complainant seeking permission to lead secondary evidence. read and record.
    Adj for filling affidavit of evidence.
    Next Purpose: FOR HEARING
    Next Hearing Date: 07-02-2024
    
    Date: 07-02-2024
    Business: When matter is called out. Complainant is present. Advocate for the Complainant is present. Accused is present. Advocate for the Accused is present.
    Order below Exh. 14 application is allowed subject to proving contents of cheque return memo by leading secondary evidence.
     Adj for filling affidavit of evidence.
    Next Purpose: FOR HEARING
    Next Hearing Date: 30-04-2024
    
    Date: 30-04-2024
    Business: When matter is called out. Complainant is absent. Advocate for the Complainant is absent. Accused is present. Advocate for the Accused is present.
     Adj for filling affidavit of evidence.
    Next Purpose: FOR HEARING
    Next Hearing Date: 26-07-2024
    
    Date: 26-07-2024
    Business: when called out complainant absent and his advocate present. accused absent and his advocate present.
    Adj for filling affidavit of evidence.
    Next Purpose: FOR HEARING
    Next Hearing Date: 06-09-2024
    
    Date: 06-09-2024
    Business: when called out complainant absent and his advocate absent. accused present and his advocate present. Adj for filling affidavit of evidence.
    Next Purpose: FOR HEARING
    Next Hearing Date: 22-10-2024
    
    Date: 22-10-2024
    Business: When matter is called out. Complainant is present. advocate for the Complainant is present. Accused is present advocate for the Accused is present.  Exh. 17 Affidavit of examination in chief. read and record. Exh. 18 list of document seen and filed.
    Adj for cross examination of the complainant.
    Next Purpose: PART HEARD
    Next Hearing Date: 24-12-2024
    
    Date: 24-12-2024
    Business: When matter is called out. Complainant is present. advocate for the Complainant is present. Accused is present advocate for the Accused is present.
    Cross examination  of CW 01 Mr. Vijay kumar Mishra by advocate Mr. Ramesh Desai for accused.  cross examination is deferred til next date.
    Adj for cross examination of the complainant.
    Next Purpose: PART HEARD
    Next Hearing Date: 26-03-2025
    
    Date: 26-03-2025
    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. 18 application for adjournment. granted.
    Adj for cross examination of the complainant.
    Next Purpose: PART HEARD
    Next Hearing Date: 10-07-2025
    
    Date: 10-07-2025
    Business: called on today complainant present and his advocate present. accused present and his advocate present. Order below Exh.1 - 1. Complaint stands dismissed as withdrawn. 2. The accused is acquitted of the offence punishable U/sec 138 of the N.I. Act. 3. In view of section 43 of Maharashtra court fees act, court fees be refunded as per rules and stage of proceeding.
    Nature Of Disposal: Case Withdrawn Accused Acquitted
    Disposal Date: 10-07-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 709297/2019
    Filing Date: 18-12-2019
    First Hearing Date: 12th March 2020
    Decision Date: 10th July 2025
    Court Number And Judge: 58-JUDICIAL MAGISTRATE FIRST CLASS 58TH COURT

    Orders

    8
    Final Order 5Full order available
    10 Jul 2025

    Order Details: Order Below EX 1 Pdf Text: MHMM180092312019 Summons Cases SS/5801320/2019 Vijaykumar Ashwani Mishra Vs. Bharat Gajanan Mahale IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS, 58TH COURT, BANDRA, MUMBAI ORDER BELOW EXH.01 Complainant and his advocate present. The case is part heard. Both parties have settled the dispute amicably out of court. The complainant is not ready and willing to proceed with the case. Accordingly, he filed application at Exh.19 for withdrawal of the complaint. Hence, I pass…

    Read Full Order
    Final Order 4
    10 Jul 2025
    Order Details: Order Below EX 1
    Pdf Text: -- 1 of 2 --
    -- 2 of 2 --
    Interim Order 3Full order available
    24 Dec 2024

    Order Details: Order Below EX 1 Pdf Text: 7 C.C.No.1320/SS/2019 CW-01 Exh.17 19. Whatever stated by me in my evidence affidavit is true and correct and in token thereof I have signed the affidavit. (M. P. Saraf) Date : 24.12.2024 Judicial Magistrate(First Class), 58th Court, Bandra, Mumbai. J.O.Code :MH01362 Cross examination of CW-01 Mr. Vijaykumar Mishra by advocate Mr. Ramesh Desai for accused : 20. I am doing business of supplying man power. I do not know whether I have…

    Read Full Order
    Interim Order 2
    07 Feb 2024
    Order Details: Order Below EX 1
    Pdf Text: -- 1 of 1 --
    Interim Order 1
    17 Jun 2023
    Order Details: Order Below EX 1
    Pdf Text: -- 1 of 2 --
    -- 2 of 2 --
    Order 3Full order available
    24 Dec 2024

    Order Details: Order Below EX 1 Pdf Text: 7 C.C.No.1320/SS/2019 CW-01 Exh.17 19. Whatever stated by me in my evidence affidavit is true and correct and in token thereof I have signed the affidavit. (M. P. Saraf) Date : 24.12.2024 Judicial Magistrate(First Class), 58th Court, Bandra, Mumbai. J.O.Code :MH01362 Cross examination of CW-01 Mr. Vijaykumar Mishra by advocate Mr. Ramesh Desai for accused : 20. I am doing business of supplying man power. I do not know whether I have…

    Read Full Order
    Order 2
    07 Feb 2024
    Order Details: Order Below EX 1
    Pdf Text: -- 1 of 1 --
    Order 1
    17 Jun 2023
    Order Details: Order Below EX 1
    Pdf Text: -- 1 of 2 --
    -- 2 of 2 --

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