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Summons Cases SS - Summons Case SS

M/ S KOTAK MAHINDRA BANK LTDVsM/s S K Enterprises +2 more

CNR MHMM18009386201958-JUDICIAL MAGISTRATE FIRST CLASS 58TH COURT
CASE DISPOSED
Uncontested--Case Withdrawn Accused Acquitted
Decision Date: 14th June 2024

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
5801349/2019
Registration Date
26 Dec 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    4

    Acts & Sections

    1
    NEGOTIABLE INSTRUMENTS ACT · Sec 138

    Case History / Proceedings

    Case History
    Date: 06-03-2020
    Business: N.T
    When called out complainant absent advocate present.
    Adj for.
    Next Purpose: NOT HEARD AT 2.45 P.M.
    Next Hearing Date: 02-06-2020
    
    Date: 02-06-2020
    Business: National Lock down extended up to 30th  June 2020
    Next Purpose: NOT HEARD AT 2.45 P.M.
    Next Hearing Date: 09-09-2020
    
    Date: 09-09-2020
    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: 24-12-2020
    
    Date: 24-12-2020
    Business: Board is discharged.
    As Ld M.M.is on leave.
    Charge is with Ld. M.M.32th court.
    Adj for.
    Next Purpose: NOT HEARD AT 2.45 P.M.
    Next Hearing Date: 05-04-2021
    
    Date: 05-04-2021
    Business: N.T
    When called out, complainant absent, his advocate present.
    Accused absent, his advocate absent.
    For report.
    Next Purpose: NOT HEARD AT 2.45 P.M.
    Next Hearing Date: 15-07-2021
    
    Date: 15-07-2021
    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: 28-10-2021
    
    Date: 28-10-2021
    Business: When matter is called out. Complainant is absent advocate for the Complainant is present. Adj for
    Next Purpose: FOR VERIFICATION
    Next Hearing Date: 14-01-2022
    
    Date: 14-01-2022
    Business: As per Direction of SOP issue by Honable H.C. and Honable CMM. Mumbai office order No. Estt- 16/26/2022 dt. 7.1.22.
    No order due to SOP. for Covid.  Hence case is adj.
    Next Purpose: FOR VERIFICATION
    Next Hearing Date: 19-04-2022
    
    Date: 19-04-2022
    Business: When matter is called out Complainant absent and his advocate is present.
    adj for verification.
    Next Purpose: FOR VERIFICATION
    Next Hearing Date: 12-09-2022
    
    Date: 12-09-2022
    Business: when called out complainant present and his advocate present.
    Exh. 4-  application for substitution of complainant.
    O/- Substitution is allowed.
    Exh. 5- Verification statement.
    Exh. 6 Affidavit of 202 CRPC. filed.
    Adj for Argument.
    Next Purpose: FOR VERIFICATION
    Next Hearing Date: 03-12-2022
    
    Date: 03-12-2022
    Business: When matter is called out Complainant and his advocate is present. Exh.4 Application for substitution. Substitution is allowed. Exh. 5 Advocate for complainant file verification statement. Exh.6 Affidavit of 202. Filed O/Exh.1- Issue process against accused no.2 u/s. 138 of the Negotiable Instrument Act Adj for summons report
    Next Purpose: Awaiting services of notice / summons
    Next Hearing Date: 15-03-2023
    
    Date: 15-03-2023
    Business: When matter is called out Complainant absent and his advocate is present. Advocate for complainant is given application for bailable warrant. Issued bailable warrant. Adj for warrant report
    Next Purpose: Awaiting execution of Service Summons/BW
    Next Hearing Date: 20-09-2023
    
    Date: 20-09-2023
    Business: When matter is called out complianant is absent his advocate is present. accused and his advocate are absent.   application for B/W against accused. O/Exh - 08 Issue B/W. of Rs.5000 adj for warrant report.
    Next Purpose: Awaiting execution of Service Summons/BW
    Next Hearing Date: 26-12-2023
    
    Date: 26-12-2023
    Business: When matter is called out complainant is present his advocate are present.
    Accused and his advocate are absent.
    Application for Bailable Warrant as prayed.
    O/Exh -  09 Issue B/w of Rs.5000 against accused.
    Adj for warrant report.
    Next Purpose: Awaiting execution of Service Summons/BW
    Next Hearing Date: 10-04-2024
    
    Date: 10-04-2024
    Business: Ld M.M. is on leave charge with Ld. M.M. 32th court. Hence Board is discharged.
    Next Purpose: Awaiting execution of Service Summons/BW
    Next Hearing Date: 14-06-2024
    
    Date: 14-06-2024
    Business: Order below Exh. 01-
        1. The complaint stands dismissed as withdrawn.
        2. The accused are acquitted of the offense punishable u/s. 138 of the NI act.
        3. Order dictated and pronounced in open court.
    Nature Of Disposal: Case Withdrawn Accused Acquitted
    Disposal Date: 14-06-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 709454/2019
    Filing Date: 24-12-2019
    First Hearing Date: 06th March 2020
    Decision Date: 14th June 2024
    Court Number And Judge: 58-JUDICIAL MAGISTRATE FIRST CLASS 58TH COURT

    Orders

    2
    Final Order 2
    14 Jun 2024
    Order Details: Order Below EX 1
    Pdf Text: MHMM180093862019
    Summons Cases SS/5801349/2019
    M/ S KOTAK MAHINDRA BANK LTD Vs. M/s S K
    Enterprises
    IN THE COURT OF METROPOLITAN MAGISTRATE, 58TH COURT,
    BANDRA, MUMBAI
    ORDER BELOW EXH.01
    The authorised representative of the complainant and
    advocate present. The complainant is not ready and willing to
    proceed with the case. Both parties have settled the dispute
    amicably out of court. Accordingly, she had filed application at
    Exh.15 for withdrawal of the complaint. Hence, I pass following
    order.
    ORDER
    1. Complaint stands dismissed as withdrawn.
    2. The accused are acquitted of the offence punishable
    u/sec.138 of The Negotiable Instrument Act.
    3. Order dictated and pronounced in open court.
    ( M. P. Saraf )
    Metropolitan Magistrate,
    Date : 14.06.2024 58th Court, Bandra, Mumbai.
    J.O.Code: MH01362
    -- 1 of 2 --
    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 : Metropolitan Magistrate, 58th Court, Bandra,
    Mumbai.
    Dictated in open court on : 14.06.2024.
    Transcribed and Typed on : 14.06.2024.
    Order printed and Signed on : 14.06.2024.
    Order Uploaded on : 14.06.2024.
    -- 2 of 2 --
    Final Order 1
    14 Jun 2024
    Order Details: Order Below EX 1
    Pdf Text: -- 1 of 2 --
    -- 2 of 2 --

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