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Summons Cases SS - Summons Case SS

Wimpy WinesVsKrishnamurari S Poddar

CNR MHMM18009372201958-JUDICIAL MAGISTRATE FIRST CLASS 58TH COURT
CASE DISPOSED
Contested--Withdraw after Filing Affidavit
Decision Date: 21st January 2025

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
5801293/2019
Registration Date
16 Dec 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Petitioner

    1. 1Wimpy Wines

    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: 24-03-2020
    
    Date: 24-03-2020
    Business: In view of District court Advisory Directions issued by Honourable High court. (Corona Virus) Hence Board is discharged. Adj for.
    Next Purpose: NOT HEARD AT 2.45 P.M.
    Next Hearing Date: 14-07-2020
    
    Date: 14-07-2020
    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: NOT HEARD AT 2.45 P.M.
    Next Hearing Date: 22-10-2020
    
    Date: 22-10-2020
    Business: As Ld M.M.is on leave.
    Charge is with Ld. M.M. 71st court.
    Hence Board is discharged. Adj for.
    Next Purpose: NOT HEARD AT 2.45 P.M.
    Next Hearing Date: 06-02-2021
    
    Date: 06-02-2021
    Business: When called out, complainant absent, his advocate absent.
    Accused and his advocate absent.
    Adj verification.
    Next Purpose: FOR VERIFICATION
    Next Hearing Date: 28-04-2021
    
    Date: 28-04-2021
    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 VERIFICATION
    Next Hearing Date: 13-07-2021
    
    Date: 13-07-2021
    Business: When matter is called out, Complainant is absent, his advocate 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: FOR VERIFICATION
    Next Hearing Date: 01-10-2021
    
    Date: 01-10-2021
    Business: When matter is called out.
    Complainant is present advocate for the Complainant is present.
    Exh. 05- Complainant is given verification statement.
    Read and recorded.
    O/Exh.01- Issue process against the accused u/s. 138 of the Negotiable Instrument Act. Summons R/o. 04.02.2022.
    Adj for summons report.
    Next Purpose: Awaiting services of notice / summons
    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 services of notice / summons
    Next Hearing Date: 13-05-2022
    
    Date: 13-05-2022
    Business: Ld M.M. is on concession leave. Hence Board is discharge. Charge with Ld MM 32nd court. Adj for
    Next Purpose: Awaiting services of notice / summons
    Next Hearing Date: 21-07-2022
    
    Date: 21-07-2022
    Business: When matter is called out complainant is absent adovcate for complainant is present application for praying warrant .O/Exh 06 reisusse summons of accused.
    Adj for summons report.
    Next Purpose: Awaiting services of notice / summons
    Next Hearing Date: 14-11-2022
    
    Date: 14-11-2022
    Business: When called out. complainant absent his advocate present. Exh. 7-  Application for warrant. O/- Issue B/W of Rs. 15000/-
    Adj for warrant report.
    Next Purpose: Awaiting execution of Service Summons/BW
    Next Hearing Date: 03-03-2023
    
    Date: 03-03-2023
    Business: When matter is called out complainant is absent. Advocate for complainant is absent. Accused is present with Advocate. Exh.8 Advocate for accused filed VP today. Exh.9 Advocate for accused is given application for cancellation of warrant. Warrant is canceled subjected to penalty of Rs. 1000/- Exh.10 Application for bail. Accused be released on PB and cash security of Rs.5000/- Exh.11 PB and Cash bond. Exh.12 Plea of accused. Adj for filling of affidavit of evidence.
    Next Purpose: FOR HEARING
    Next Hearing Date: 11-07-2023
    
    Date: 11-07-2023
    Business: When matter is called out complainant is absent. and his advocate present. Accused is absent and his advocate present.
    Adj for filling of affidavit of evidence.
    Next Purpose: FOR HEARING
    Next Hearing Date: 29-09-2023
    
    Date: 29-09-2023
    Business: When matter is called out complainant is absent. and his advocate present. Accused is absent and his advocate present.
    Adj for filling of affidavit of evidence.
    Next Purpose: FOR HEARING
    Next Hearing Date: 06-12-2023
    
    Date: 06-12-2023
    Business: when called out complainant present and his advocate present. accused absent and his advocate present. Exh. 15 Affidavit of examination in chief. read and record.
    Exh. 16  list of document. seen and filed. Adj for Cross examination of the complainant.
    Next Purpose: PART HEARD
    Next Hearing Date: 31-01-2024
    
    Date: 31-01-2024
    Business: Ld. M.M. is on leave charge with Ld. M.M. 71st court.
    Hence board is discharged.
    Adj for
    Next Purpose: PART HEARD
    Next Hearing Date: 12-04-2024
    
    Date: 12-04-2024
    Business: Ld M.M. is on leave charge with Ld. M.M. 71st court. Hence Board is discharged.
    Next Purpose: PART HEARD
    Next Hearing Date: 05-06-2024
    
    Date: 05-06-2024
    Business: when called out complainant absent and his advocate present. accused absent and his advocate present.
    Adj for Cross examination of the complainant.
    Next Purpose: PART HEARD
    Next Hearing Date: 02-08-2024
    
    Date: 02-08-2024
    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: 30-09-2024
    
    Date: 30-09-2024
    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: 26-11-2024
    
    Date: 26-11-2024
    Business: when called out complainant present and his advocate present. accused present and his advocate present. Exh. 25  Consent terms filed.
    Adj for Cross examination of the complainant.
    Next Purpose: PART HEARD
    Next Hearing Date: 16-01-2025
    
    Date: 16-01-2025
    Business: when called out complainant absent and his advocate present. accused present and his advocate present.
    Adj for Cross examination of the complainant.
    Next Purpose: PART HEARD
    Next Hearing Date: 21-01-2025
    
    Date: 21-01-2025
    Business: Order below Exh. 01-
        1. The complaint stands dismissed as withdrawn.
        2. The accused is acquitted of the offense punishable u/s. 138 of the NI act.
        3. Order dictated and pronounced in open court.
    Nature Of Disposal: Withdraw after Filing Affidavit
    Disposal Date: 21-01-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 709108/2019
    Filing Date: 16-12-2019
    First Hearing Date: 07th February 2020
    Decision Date: 21st January 2025
    Court Number And Judge: 58-JUDICIAL MAGISTRATE FIRST CLASS 58TH COURT

    Orders

    2
    Final Order 2
    21 Jan 2025
    Order Details: Order Below EX 1
    Pdf Text: MHMM180093722019
    Summons Cases SS/5801293/2019
    Wimpy Wines Vs. Krishnamurari S Poddar
    IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS, 58TH
    COURT, BANDRA, MUMBAI
    ORDER BELOW EXH.01
    Complainant’s authorized representative and his advocate
    present. The complainant is not ready and willing to proceed with
    the case. The case is part heard. Both parties have settled the
    dispute amicably out of court. Accordingly, complainant filed
    application at Exh.26 for withdrawal of the complaint. Hence, I
    pass following order.
    ORDER
    1. Complaint stands dismissed as withdrawn.
    2. The accused is acquitted of the offence punishable
    u/sec.138 of The Negotiable Instrument Act.
    3. Order dictated and pronounced in open court.
    ( M. P. Saraf )
    Judicial Magistrate First Class,
    Date : 21.01.2025 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 : 21.01.2025.
    Transcribed and Typed on : 21.01.2025.
    Order printed and Signed on : 21.01.2025.
    Order Uploaded on : 21.01.2025.
    -- 2 of 2 --
    Final Order 1
    21 Jan 2025
    Order Details: Order Below EX 1
    Pdf Text: -- 1 of 2 --
    -- 2 of 2 --

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