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Summons Cases SS - Summons Case SS

GHANSHYAM JAIRAMDAS TEKCHANDANIVsPramod Mishley

CNR MHMM18009480201958-JUDICIAL MAGISTRATE FIRST CLASS 58TH COURT
CASE DISPOSED
Contested--Withdraw after Statement of Accused
Decision Date: 10th October 2024

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
5801420/2019
Registration Date
31 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: 13-02-2020
    Business: When matter is called out Advocate for complainant is present. Adj for further steps.
    Next Purpose: NOT HEARD AT 2.45 P.M.
    Next Hearing Date: 20-05-2020
    
    Date: 20-05-2020
    Business: National Lock down extended up to 31st May 2020
    Next Purpose: NOT HEARD AT 2.45 P.M.
    Next Hearing Date: 28-08-2020
    
    Date: 28-08-2020
    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: 11-12-2020
    
    Date: 11-12-2020
    Business: When called out, complainant is present with advocate.
    For verification.
    Next Purpose: FOR VERIFICATION
    Next Hearing Date: 22-12-2020
    
    Date: 22-12-2020
    Business: When matter is called out Complainant and his advocate is present Exh. 6- Complainant is given verification statement Read and recorded O/Exh.1- Issue process against the accused u/s. 138 of the Negotiable Instrument Act Adj for summons report
    Next Purpose: Awaiting execution of Service Summons/BW
    Next Hearing Date: 04-02-2021
    
    Date: 04-02-2021
    Business: When called out complainant present with advocate.
    Accused and advocate absent.
    Application for fresh summons against accused.
    Re issue summons against accused.
    for summons report.
    Next Purpose: Awaiting services of notice / summons
    Next Hearing Date: 08-04-2021
    
    Date: 08-04-2021
    Business: When called out, complainant present., his advocate present.
    Accused absent, his advocate absent.
    Adj for.
    Next Purpose: Awaiting services of notice / summons
    Next Hearing Date: 04-06-2021
    
    Date: 04-06-2021
    Business: As per direction of SOP issued by Hon.ble'' High court and Hon.ble'' 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 services of notice / summons
    Next Hearing Date: 17-07-2021
    
    Date: 17-07-2021
    Business: When matter is called out, Both parties are 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: Awaiting services of notice / summons
    Next Hearing Date: 13-09-2021
    
    Date: 13-09-2021
    Business: 13.09.2021 Declared  Holiday today,
    Hence Board is discharge adj to 14.09.2021.
    Next Purpose: Awaiting services of notice / summons
    Next Hearing Date: 14-09-2021
    
    Date: 14-09-2021
    Business: 13.09.2021 Declared Holiday today, Hence Cases Taken on 14.09.2021. When matter is Called out Complainant is Present Advocate is absent on 14.09.2021. Hence matter is Adjourned  for summons report.
    Next Purpose: Awaiting services of notice / summons
    Next Hearing Date: 27-10-2021
    
    Date: 27-10-2021
    Business: When matter is called out Complainant present and his advocate is present. Exh. 7 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: 30-12-2021
    
    Date: 30-12-2021
    Business: When matter is called out Complainant present and his advocate is present.  Exh. 8- Application for issuance of NBW against accused. O/- Issue NBW. adj for warrant report.
    Next Purpose: Awaiting execution of service NBW
    Next Hearing Date: 25-03-2022
    
    Date: 25-03-2022
    Business: When matter is called out. Complainant is present advocate for the Complainant is present. accused present and his advocate present. Order below Exh. 1  The accused produced before me at 12.15 p.m. in execution of warrant  by P.N. B. NO. 01473.  of Amboli police stn. He has no complaint of ill treatment at the hands of police. He is taken in MCR. till 8.4.2022 Exh. 9 V. P. filed. Exh 10 application for Bail. O/- accused be released on PB and Cash Security of Rs. 10000/- Exh. 11- Cash bond. Exh. 12 Pleas of the accused recorded. plead not guilty.
    adj for filing of affidavit of evidence.
    Adj for proclamation report.
    Next Purpose: FOR HEARING
    Next Hearing Date: 08-04-2022
    
    Date: 08-04-2022
    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. 13  Advocate for complainant is given application for issuance of order to the accused to pay interim compensation to the extent of 20 percent of the cheque amount. Accused to say.  Received by accused. Adj for evidence
    Next Purpose: FOR HEARING
    Next Hearing Date: 29-07-2022
    
    Date: 29-07-2022
    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. 1. filed. Exh. 15- Affidavit in evidence of the complainant. filed. Exh. 16 List of document.  Adj for Order on Exh. 13.
    Next Purpose: FOR HEARING
    Next Hearing Date: 25-08-2022
    
    Date: 25-08-2022
    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. Objection on behalf of the accused to the admissibility and proof the documents.  filed.
    Order passed below Exh. 13.
    The accused is directed to pay Rs. 32000/-  to the complainant as an 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 Cross examination of the complainant.
    Next Purpose: PART HEARD
    Next Hearing Date: 18-11-2022
    
    Date: 18-11-2022
    Business: Ld. M.M. is on leave charge with Ld. M.M. 12th Court,
    Hence, Board is discharge.
    Next Purpose: PART HEARD
    Next Hearing Date: 14-12-2022
    
    Date: 14-12-2022
    Business: When matter is called out. Complainant is present. Advocate for the complainant is present. Accused is absent. Advocate for the Accused is present. Today Original document are exhibited.  Exh. 18 to 20.  Exh. 21. Undertaking.
    Adj for Cross examination of the complainant.
    Next Purpose: PART HEARD
    Next Hearing Date: 23-03-2023
    
    Date: 23-03-2023
    Business: When matter is called out. Complainant is present. Advocate for the complainant is present. Accused is absent. Advocate for the Accused is absent Exh. 22 application for production of original post receipt. O/-production of document is allowed.
    Adj for Cross examination of the complainant.
    Next Purpose: PART HEARD
    Next Hearing Date: 12-06-2023
    
    Date: 12-06-2023
    Business: When matter is called out. Complainant is present. Advocate for the complainant is present. Accused is absent. Advocate for the Accused is absent Exh. 23 application for closed cross examination of complainant. O/- application allowed production Adj for Cross examination of the complainant.
    Next Purpose: PART HEARD
    Next Hearing Date: 28-07-2023
    
    Date: 28-07-2023
    Business: When matter is called out. Complainant is present. Advocate for the complainant is present. Accused is absent. Advocate for the Accused is present.
    Adj for Cross examination of the complainant.
    Next Purpose: PART HEARD
    Next Hearing Date: 25-10-2023
    
    Date: 25-10-2023
    Business: When matter is called out. Complainant is present. Advocate for the complainant is present. Accused is absent. Advocate for the Accused is present.  Exh. 26 application for exemption. rejected Exh.  27 application for NBW. O/- Issue NBW against accused
    Adj for Cross examination of the complainant.
    Next Purpose: PART HEARD
    Next Hearing Date: 02-01-2024
    
    Date: 02-01-2024
    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. 28 application for setting a side no cross. O/- complainant to say. Exh. 29  application for cancellation of warrant. O/- warrant stands cancelled.
    Cross examination of CW 01 Ghanshyam Techandani by advocate Pritam S. Bhandari for the accused after setting aside no cross order vide order below Exh. 28
    Cross examination is over.
    No re examination.
    Adj for further any other witness.
    Next Purpose: PART HEARD
    Next Hearing Date: 11-03-2024
    
    Date: 11-03-2024
    Business: When matter is called out. Complainant is present. Advocate for the complainant is present. Accused is absent. Advocate for the Accused is present.  Adj for further any other witness.
    Next Purpose: PART HEARD
    Next Hearing Date: 05-06-2024
    
    Date: 05-06-2024
    Business: When matter is called out. Complainant is present. Advocate for the complainant is present. Accused is absent. Advocate for the Accused is absent. Exh. 30 application for closing pursis. read and record.
    Adj for Statement of the accused u/s 313 of CRPC.
    Next Purpose: Statement in 1st Session
    Next Hearing Date: 02-07-2024
    
    Date: 02-07-2024
    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. 31 application for seeking direction to the Honble court. verified signature. O/- complainant to say.
    Today recording statement of accused u/s 313 of CRPC.
    adj for Defence witness.
    Next Purpose: PART HEARD
    Next Hearing Date: 05-08-2024
    
    Date: 05-08-2024
    Business: Ld. JMFC has gone for training  at  NFSU, Delhi  charge with Ld. JMFC 71st court. Hence board is discharge.
    adj for
    Next Purpose: PART HEARD
    Next Hearing Date: 10-10-2024
    
    Date: 10-10-2024
    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 Statement of Accused
    Disposal Date: 10-10-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 709567/2019
    Filing Date: 31-12-2019
    First Hearing Date: 13th February 2020
    Decision Date: 10th October 2024
    Court Number And Judge: 58-JUDICIAL MAGISTRATE FIRST CLASS 58TH COURT

    Orders

    5
    Final Order 3
    10 Oct 2024
    Order Details: Order Below EX 1
    Pdf Text: MHMM180094802019
    Summons Cases SS/5801420/2019
    Ghanshyam Jairamdas Tekchandani Vs. Pramod
    Mishley
    IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS, 58TH
    COURT, BANDRA, MUMBAI
    ORDER BELOW EXH.01
    Complainant and 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 has filed application at Exh.32 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 : 10.10.2024 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 : 10.10.2024.
    Transcribed and Typed on : 10.10.2024.
    Order printed and Signed on : 10.10.2024.
    Order Uploaded on : 10.10.2024.
    -- 2 of 2 --
    Interim Order 2
    02 Jul 2024
    Order Details: Copy of Document.
    Pdf Text: -- 1 of 2 --
    -- 2 of 2 --
    Interim Order 1
    02 Jan 2024
    Order Details: Order Below EX 1
    Pdf Text: -- 1 of 2 --
    -- 2 of 2 --
    Order 2
    02 Jul 2024
    Order Details: Copy of Document.
    Pdf Text: -- 1 of 2 --
    -- 2 of 2 --
    Order 1
    02 Jan 2024
    Order Details: Order Below EX 1
    Pdf Text: -- 1 of 2 --
    -- 2 of 2 --

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