Skip to main content
Summons Cases SS - Summons Case SS

M/S KOTAK MAHINDRA BANK LTDVsM/s Patel and Company +2 more

CNR MHMM18009388201958-JUDICIAL MAGISTRATE FIRST CLASS 58TH COURT
Additional Metropolitan Magistrate, Bandra, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--Withdraw after Filing Affidavit
Decision Date: 24th April 2024

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
5801351/2019
Registration Date
26 Dec 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    4

    Petitioner

    1. 1M/S KOTAK MAHINDRA BANK LTD

    Respondent

    1. 1M/s Patel and Company
    2. 2Shambhudayal Radhelal Sharma
    3. 3Prashant Shambhudayal Sharma

    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: 25-09-2021

Date: 25-09-2021
Business: Matter is not settled in Lok Adalat. Hence matter is Adj.
Next Purpose: FOR VERIFICATION
Next Hearing Date: 02-03-2022

Date: 02-03-2022
Business: Ld. M. M. is on leave charge with Ld. A.C.M.M. 9th court. Hence board is discharged. adj for.
Next Purpose: FOR VERIFICATION
Next Hearing Date: 10-06-2022

Date: 10-06-2022
Business: when called out complainant absent  and his advocate present
adj for verification.
Next Purpose: FOR VERIFICATION
Next Hearing Date: 11-10-2022

Date: 11-10-2022
Business: when called out complainant absent and his advocate present adj for verification.
Next Purpose: FOR VERIFICATION
Next Hearing Date: 12-01-2023

Date: 12-01-2023
Business: When matter is called out Complainant and his advocate is present. Exh.6 Advocate for complainant file verification statement.  Exh7 Application for substitution. Substitution is allowed. Exh.8 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: 15-06-2023

Date: 15-06-2023
Business: When called out advocate for Complainant is present. Complainant is absent. Accused absent and his advocate absent. Application for Issue Bailable Warrant against accused as pray. O/ Exh - 09 Issue Bailable Warrant of Rs. 1000/- against accused. adj for warrant report.
Next Purpose: Awaiting execution of Service Summons/BW
Next Hearing Date: 26-06-2023

Date: 26-06-2023
Business: Ld. M.M. is on leave
charge with Ld. M.M. 32nd court.
Hence board is discharged.
Adj for
Next Purpose: Awaiting execution of Service Summons/BW
Next Hearing Date: 11-09-2023

Date: 11-09-2023
Business: When called out advocate for Complainant is present. Complainant is present. Accused present and his advocate present.  VP filed.Exh. 10
application for cancellation of warrant. O/-Exh. 11   warrant stands cancelled on penalty of Rs. 200/-.  Application for Bail. Exh. 12. accused is released on bail on executing his PB and SB for Rs. 5000/- cash bail allowed. Exh. 13  PR and cash bond. .Exh. 14 plea of the accused recorded today
Adj for filling affidavit of evidence.
Next Purpose: FOR HEARING
Next Hearing Date: 30-11-2023

Date: 30-11-2023
Business: When called out advocate for Complainant is present. Complainant is present. Accused absent and his advocate present. Exh. 15 application for substitution. allowed. Exh. 16 application for u/s 143A.O- accused to say. Exh. 17  affidavit of examination in chief.  Read and record.  Exh. 18 List of document. seen.
Adj for Cross examination of the complainant.
Next Purpose: PART HEARD
Next Hearing Date: 05-01-2024

Date: 05-01-2024
Business: When called out advocate for Complainant is present. Complainant is present. Accused absent and his advocate present. Adj for Cross examination of the complainant.
Next Purpose: PART HEARD
Next Hearing Date: 24-04-2024

Date: 24-04-2024
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: 24-04-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 709456/2019
Filing Date: 24-12-2019
First Hearing Date: 06th March 2020
Decision Date: 24th April 2024
Court Number And Judge: 58-JUDICIAL MAGISTRATE FIRST CLASS 58TH COURT

    Orders

    2
    Final Order 2
    24 Apr 2024
    Order Details: Order Below EX 1
Pdf Text: MHMM180093882019
Summons Cases SS/5801351/2019
M/S KOTAK MAHINDRA BANK LTD Vs. M/s Patel
and Company
IN THE COURT OF METROPOLITAN MAGISTRATE, 58TH COURT,
BANDRA, MUMBAI
ORDER BELOW EXH.01
Advocate for the complainant present. She submitted that
complainant is not ready and willing to proceed with the case.
Complainant and accused have settled the dispute amicably out of
the court. Accordingly, she had filed application at Exh.29 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 )
Metropolitan Magistrate,
Date : 24.04.2024 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 : 24.04.2024.
Transcribed and Typed on : 24.04.2024.
Order printed and Signed on : 24.04.2024.
Order Uploaded on : 24.04.2024.
-- 2 of 2 --
    Final Order 1
    24 Apr 2024
    Order Details: Order Below EX 1
Pdf Text: -- 1 of 1 --

    TrustJury presents public court-record information for legal discovery and reference. Record availability and detail can vary by source and case.