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Summary Cases

MOHAMMED RAFIQUE MOHAMMED YUNUS KHANVsABDUL NASIR PATEL

CNR MHMM18010205202258-JUDICIAL MAGISTRATE FIRST CLASS 58TH COURT
Additional Metropolitan Magistrate, Bandra, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--Case Withdrawn Accused Acquitted
Decision Date: 26th September 2024

TrustJury record updated 29 Sept 2026

Case Overview

Registration Number
5800742/2022
Registration Date
31 Oct 2022

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Petitioner

    1. 1MOHAMMED RAFIQUE MOHAMMED YUNUS KHAN

    Respondent

    1. 1ABDUL NASIR PATEL

    Acts & Sections

    1
    NEGOTIABLE INSTRUMENTS ACT · Sec 138

    Case History / Proceedings

    Case History
    Date: 31-10-2022
Business: Complainant is present with his advocate
Complaint present today Exh.1 Complaint Exh.2 List of Witnesses of the complainant. Seen and filed. Exh.3 List of documents produced by the complainant. Seen and filed. Exh. 4  Affidavit in support of the complaint. Seen and Filed                                                                                                                                                                                                                                              Exh. 5 Vakalatnama. Filed. Exha. 6 Memorandum of Address
Filed. Adj for Verification Statement
Next Purpose: FOR VERIFICATION
Next Hearing Date: 07-11-2022

Date: 07-11-2022
Business: When matter is called out Complainant and his advocate is present. Exh. 5 Advocate for complainant file verification statement. O/Exh.1- Issue process against accused u/s. 138 of the Negotiable Instrument Act Adj for summons report
Next Purpose: Awaiting services of notice / summons
Next Hearing Date: 28-02-2023

Date: 28-02-2023
Business: When matter is called out Complainant absent and his advocate is present. Advocate for complainant is given application for warrant. Issued bailable warrant. Adj for warrant report
Next Purpose: Awaiting execution of Service Summons/BW
Next Hearing Date: 18-05-2023

Date: 18-05-2023
Business: When matter is called out.
Complainant is absent. Advocate for the complainant is present.
Accused is absent. Advocate for the accused is absent.
Exh. 07- Police report.
Filed.
Exh. 08- Advocate for the complainant is given warrant application.
Issue Non-bailable warrant against the accused.
Adj for warrant report.
Next Purpose: Awaiting execution of service NBW
Next Hearing Date: 23-05-2023

Date: 23-05-2023
Business: Accused is present with advocate. Exh.9 Application for matter is taken on board. Allowed. Exh.10 Advocate for accused filed VP. Exh.11 Application for cancellation of warrant. O/- Warrant is canceled subject to penalty of Rs.2000/-. Exh.12 Application for bail. O/- Accused be released on PB and cash security of Rs.3500/-. Exh.13 PB and cash security of accused. Exh. 14 Plea of accused. Adj for filling of affidavit of evidence.
Next Purpose: FOR HEARING
Next Hearing Date: 28-08-2023

Date: 28-08-2023
Business: when called out complainant present and his advocate present. accused present and his advocate present.
adj for filling affidavit of evidence.
Next Purpose: FOR HEARING
Next Hearing Date: 09-11-2023

Date: 09-11-2023
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: 28-02-2024

Date: 28-02-2024
Business: when called out complainant present and his advocate present. accused absent and his advocate absent. adj for filling affidavit of evidence.
Next Purpose: FOR HEARING
Next Hearing Date: 13-06-2024

Date: 13-06-2024
Business: When matter is called out. Complainant is absent advocate for the Complainant is absent. Accused present advocate for the Accused is present. Adj for filling of affidavit of evidence.
Next Purpose: FOR HEARING
Next Hearing Date: 26-09-2024

Date: 26-09-2024
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: Case Withdrawn Accused Acquitted
Disposal Date: 26-09-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 7011072/2022
Filing Date: 17-10-2022
First Hearing Date: 31st October 2022
Decision Date: 26th September 2024
Court Number And Judge: 58-JUDICIAL MAGISTRATE FIRST CLASS 58TH COURT

    Orders

    2
    Final Order 2
    26 Sept 2024
    Order Details: Order Below EX 1
Pdf Text: MHMM180102052022
Summary Cases/5800742/2022
MOHAMMED RAFIQUE MOHAMMED YUNUS
KHAN Vs. ABDUL NASIR PATEL
IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS, 58TH
COURT, BANDRA, MUMBAI
ORDER BELOW EXH.01
Complainant accused and their advocates present. Both
parties settled the dispute out of court at part heard stage.
Accordingly, complainant has 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 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 : 26.09.2024 58th Court, Bandra, Mumbai.
J.O.Code: MH01362
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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 : 26.09.2024.
Transcribed and Typed on : 26.09.2024.
Order printed and Signed on : 26.09.2024.
Order Uploaded on : 26.09.2024.
-- 2 of 2 --
    Final Order 1
    26 Sept 2024
    Order Details: Order Below EX 1
Pdf Text: -- 1 of 2 --
-- 2 of 2 --

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