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Summary Cases

Mr Farooq Ayaz KhanVsKashyap Jitendra Kothari

CNR MHMM18011121202458-JUDICIAL MAGISTRATE FIRST CLASS 58TH COURT
Additional Metropolitan Magistrate, Bandra, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--Case Withdrawn Accused Acquitted
Decision Date: 16th February 2026

TrustJury record updated 30 Sept 2026

Case Overview

Registration Number
5800487/2024
Registration Date
24 Sept 2024

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Petitioner

    1. 1Mr Farooq Ayaz Khan

    Respondent

    1. 1Kashyap Jitendra Kothari

    Acts & Sections

    1
    NEGOTIABLE INSTRUMENTS ACT · Sec COMPLAINT U/s. 138 OF NEGOTIABLE INSTRUMENTS ACT

    Case History / Proceedings

    Case History
    Date: 25-10-2024
Business: When matter is called out. Complainant is present and his advocate present. Issue notice to accused u/s 223 BNSS.
adj for verification.
Next Purpose: Notice Cases
Next Hearing Date: 13-01-2025

Date: 13-01-2025
Business: Ld. JMFC is on Training charge with Ld. JMFC 71st court. Hence board is discharge. adj for.
Next Purpose: FOR VERIFICATION
Next Hearing Date: 04-03-2025

Date: 04-03-2025
Business: when matter is called out. complainant present and his advocate present. accused present. and his advocate present.
 Exh. 97 application for adjournment granted.
adj for verification.
Next Purpose: FOR VERIFICATION
Next Hearing Date: 04-04-2025

Date: 04-04-2025
Business: called on today complainant present and his advocate present.
adj for verification.
Next Purpose: FOR VERIFICATION
Next Hearing Date: 26-05-2025

Date: 26-05-2025
Business: Ld. JMFC is on vacation leave charge with Ld. JMFC 12th court. Hence board is discharge. adj for.
Next Purpose: FOR VERIFICATION
Next Hearing Date: 03-07-2025

Date: 03-07-2025
Business: When matter is called out Complainant and his advocate is present Complainant is given verification statement Read and record O/Exh.1- Issue process against the accused.
u/s. 138 of the Negotiable Instrument Act. Adj for summons report.
Next Purpose: Awaiting services of notice / summons
Next Hearing Date: 11-09-2025

Date: 11-09-2025
Business: called on today complainant absent and his advocate present. accused absent his L. O. advocate present.
Exh. 10 application for issuance of BW.
issue B/W for Rs. 5000/- against accused as prayed. Exh. 11 application for exemption. application presented after issuing warrant and giving date to complaint. Hence rejected.
adj for warrant report.
Next Purpose: Awaiting execution of Service Summons/BW
Next Hearing Date: 15-12-2025

Date: 15-12-2025
Business: Ld. JMFC is on concessional / extraordinary leave for medical examination charge with Ld. JMFC 71st court. Hence board is discharge. adj for
Next Purpose: Awaiting execution of Service Summons/BW
Next Hearing Date: 19-01-2026

Date: 19-01-2026
Business: called on today complainant present and his advocate present. accused absent ad his advocate present.  Exh. 12 exemption application granted for today. Exh. 13 application for issuance of NBW. keep for order on next date.
adj for warrant report.
Next Purpose: Awaiting execution of Service Summons/BW
Next Hearing Date: 29-01-2026

Date: 29-01-2026
Business: When matter is called out complainant is present with advocate. Accused is absent. Advocate for accused is present. Application for issuance of non bailable warrant against accused. O/- Issue NBW against accused. Adj for warrant report.
Next Purpose: Awaiting execution of service NBW
Next Hearing Date: 16-02-2026

Date: 16-02-2026
Business: Order below Exh. 01.
complainant and advocate present. advocate for accused present. both parties arrived at amicable settlement. accordingly, executed consent terms Exh. 17. As  complainant received the amount under consent terms as full and final settlement. complainant not willing to proceed with the case and filed joint pursis  Exh. 16 for compounding of offence and withdrawal of the complaint. withdrawal of complaint is voluntary. Hence, I pass following order.
     1.. The complaint stands dismissed as withdrawn.
    2. The accused is acquitted of the offense punishable u/s. 138 of the NI act.
    3. warrant if any stands cancelled and be recalled back unserved.
     4. In view of section 43  of Maharashtra court fees act, court fees be refunded as per rules and  stage of proceeding.
    5. Order dictated and pronounced in open court.
Nature Of Disposal: Case Withdrawn Accused Acquitted
Disposal Date: 16-02-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 1540/2024
Filing Date: 12-09-2024
eFiling Number: AMH20230041009C202400135
eFiling Date: 10-09-2024
First Hearing Date: 25th October 2024
Decision Date: 16th February 2026
Court Number And Judge: 58-JUDICIAL MAGISTRATE FIRST CLASS 58TH COURT

    Orders

    7
    Final Order 4
    16 Feb 2026
    Order Details: Order Below EX 1
Pdf Text: MHMM180111212024 Summary Cases/5800487/2024
Mr Farooq Ayaz Khan Vs. Kashyap Jitendra Kothari
IN THE COURT OF JUDICIAL MAGISTRATE(FIRST CLASS),
58TH COURT, BANDRA, MUMBAI
ORDER BELOW EXH.01
Complainant and advocate present. Advocate for accused
present. Both parties arrived at amicable settlement. Accordingly,
executed Consent Terms Exh.17. As complainant received the amount
under Consent Terms as full and final settlement. Complainant not
willing to proceed with the case and filed Joint Pursis Exh.16 for
compounding of offence and withdrawal of the complaint. Withdrawal
of complaint is voluntary. 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. Warrant if any stands cancelled and be recalled back
unserved.
4. In view of Section 43 of Maharashtra Court Fees Act, Court
Fees be refunded as per Rules and stage of proceeding.
5. Order dictated and pronounced in open court.
Mumbai, (M. P. Saraf)
Dated : 16.02.2026. Judicial Magistrate(First Class),
58th Court, Bandra, Mumbai.
J.O.Code-MH01362
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    Interim Order 3
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    Order Details: Order Below EX 1
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    Interim Order 2
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    Interim Order 1Full order available
    03 Jul 2025

    Order Details: Order Below EX 1 Pdf Text: MHMM180111212024 Summary Cases/5800487/2024 Mr Farooq Ayaz Khan Vs. Kashyap Jitendra Kothari IN THE COURT OF JUDICIAL MAGISTRATE(FIRST CLASS), 58TH COURT, BANDRA, MUMBAI ORDER BELOW EXH.1 Read the complaint, verification. Perused the documents filed on record. Heard advocate for the complainant. The accused failed to exercise right of hearing U/sec 223 of BNNS 2023 despite due service of notice by registered post upon him. 2. The contents of the complaint are supported by…

    Read Full Order
    Order 3
    29 Jan 2026
    Order Details: Order Below EX 1
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    Order 2
    29 Jan 2026
    Order Details: Order Below EX 1
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    Order 1Full order available
    03 Jul 2025

    Order Details: Order Below EX 1 Pdf Text: MHMM180111212024 Summary Cases/5800487/2024 Mr Farooq Ayaz Khan Vs. Kashyap Jitendra Kothari IN THE COURT OF JUDICIAL MAGISTRATE(FIRST CLASS), 58TH COURT, BANDRA, MUMBAI ORDER BELOW EXH.1 Read the complaint, verification. Perused the documents filed on record. Heard advocate for the complainant. The accused failed to exercise right of hearing U/sec 223 of BNNS 2023 despite due service of notice by registered post upon him. 2. The contents of the complaint are supported by…

    Read Full Order

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