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Summons Private cases SS

MR. VISHNU VITHAL AUTIVsMR. MANGESH JAYRAM KATALKAR

CNR MHMM19000048201848-Judicial Magistrate (First Class), 48th Court
CASE DISPOSED
Contested--CONVICTED
Decision Date: 18th June 2022

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
9/2018
Registration Date
02 Jan 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Representation of the People Act · Sec 138

    Case History / Proceedings

    Case History
    Date: 19-03-2018
    Business: Ld. M.M. is on leave. Board discharged.
    Next Purpose: FOR VERIFICATION
    Next Hearing Date: 09-07-2018
    
    Date: 09-07-2018
    Business: Ld. M.M. is on leave. Board discharged.
    Next Purpose: FOR VERIFICATION
    Next Hearing Date: 25-09-2018
    
    Date: 25-09-2018
    Business: Compt. present with Adv. Ex.4-Verification.Documents verified. Order passed below Ex.1-Process issued.
    Next Purpose: NOT HEARD AT 2.45 P.M.
    Next Hearing Date: 05-03-2019
    
    Date: 05-03-2019
    Business: Adv. for compt. pt. Ex.5-Appln. for fresh summons-issue. for report.
    Next Purpose: NOT HEARD AT 2.45 P.M.
    Next Hearing Date: 13-09-2019
    
    Date: 13-09-2019
    Business: Adv. for compt. pt. Adv. for accd. ab. Ex. Appln. for fresh summons on new address-  Issue. for report.
    Next Purpose: NOT HEARD AT 2.45 P.M.
    Next Hearing Date: 28-11-2019
    
    Date: 28-11-2019
    Business: Complainant present his adv. present accused absent Ex   Application for issue of B/w warrant O-Issue B/w in sum at rs 10000/- to accused.
    Next Purpose: NOT HEARD AT 2.45 P.M.
    Next Hearing Date: 24-02-2020
    
    Date: 24-02-2020
    Business: Adv for complt ab. Adv for accud pt.
    Case TOB.
    For evidence.
    Next Purpose: FOR HEARING
    Next Hearing Date: 28-02-2020
    
    Date: 28-02-2020
    Business: Adv for both sides pt.
    Ex.16- Appln for exemtpion - granted.
    For evidence.
    Next Purpose: FOR HEARING
    Next Hearing Date: 09-04-2020
    
    Date: 09-04-2020
    Business: As per office order no. 66 of 2020. Reference. 1. High Court, Bombay Notification and Advisory dated 14th March 2020. 2. High Court, Bombay Circular (Annexure A) dt. 16/03/2020 as per direction of Principal Judge, Board Discharged.
    Next Purpose: FOR HEARING
    Next Hearing Date: 17-07-2020
    
    Date: 17-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR HEARING
    Next Hearing Date: 14-10-2020
    
    Date: 14-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR HEARING
    Next Hearing Date: 20-01-2021
    
    Date: 20-01-2021
    Business: Court is vacant. Board discharged.
    Next Purpose: FOR HEARING
    Next Hearing Date: 09-03-2021
    
    Date: 09-03-2021
    Business: Court is Vacant. Board discharged.
    Next Purpose: FOR HEARING
    Next Hearing Date: 16-06-2021
    
    Date: 16-06-2021
    Business: As per Office Circular bearing No. CMM/OC/11/2021, office of the Honorable C. M. M., Esplanade, Mumbai dated 22/04/2021 board is discharged.
    Next Purpose: FOR HEARING
    Next Hearing Date: 21-08-2021
    
    Date: 21-08-2021
    Business: Complainant present his adv. present accused absent his adv. present Exh-19 Application for exemption O- granted. Exh-20 Along with list of document.
    Exh-21 Affidavit of examination in chief which bears my signature.
    Exh-22 Serial no. 1 is a passbook of my account, at serial no. 02 agreement to repay executed by the accused in my favour it bears my signature as well as signature of accused and two witnesses contents therein are true and correct.
    Exh-23 Original cheque bearing no. 100018 is filed on record.
    Exh-24 Cheque return memo issued by bank.
    Exh-25 Office copy of demand notice dt. 21/11/2017 is filed on record.
    Exh-26 and 27 Postal receipts
    Exh-28 Return envelope with endorsement. Matter is adjourned for cross examination on next date.
    Next Purpose: PART HEARD
    Next Hearing Date: 04-09-2021
    
    Date: 04-09-2021
    Business: Complainant present. Ld. Adv. for complainant present. Accused and Ld. Adv. for accused absent. Exh. - 29 - An application for issuance NBW against accused is allowed. Lateron Accused remained present with advocate. Exh. - 20 - An application for cancellation of NBW issued against accused, and the same is cancelled subject to penalty of Rs. 100/-, accused paid penalty. For cross examination.
    Next Purpose: PART HEARD
    Next Hearing Date: 16-10-2021
    
    Date: 16-10-2021
    Business: As per Chief Metropolitan Magistrate''s Office order no. Estt16/1692/2021, dt. 13-10-2021, Board is discharged, and cases are adjourned to 23-10-2021
    Next Purpose: PART HEARD
    Next Hearing Date: 23-10-2021
    
    Date: 23-10-2021
    Business: Complainant absent. Ld. Adv. for complainant present. Accused present. Exh. - 30 - Adjournment application of accused is granted as last chance.
    Next Purpose: PART HEARD
    Next Hearing Date: 24-11-2021
    
    Date: 24-11-2021
    Business: Complainant present with advocate. Accused present with advocate. For cross examination.
    Next Purpose: PART HEARD
    Next Hearing Date: 16-12-2021
    
    Date: 16-12-2021
    Business: Adv. for complainant present.
    Exh. No. 10 - An application for Adjournment. O - Adj. application is rejected and no cross order is passed.
    Order passed below Exh. no. 21 - Adj. application is rejected. accused did not conduct cross. Hence, No cross examination.
    Next Purpose: PART HEARD
    Next Hearing Date: 04-01-2022
    
    Date: 04-01-2022
    Business: Complainant and his Adv. present.
    Adv. for accused present.
    Exh. No. 32 - An application for setting aside No cross-order. O - considering reasons stated. No cross Order is set aside on condition that, accused shall conduct cross-examination of complainant today itself.
    On S. A. cross-examination by Adv. for accused.
    Cross examination is over.
    Ld. Adv. for complainant sought permission for re-examination of the witness in order to explain date on cheque and date mentioned in agreement.
    On S. A. re-examination of Adv. for complainant.
    Cross-examination by Adv. for accused.
    Cross-examination is over, No re-examination.
    Exh. No. 33 - An application by Adv. for complainant for issuing summons to witness Mr. Laxman Bhagwat. O - Issue summons to witness.
    Matter is fixed on 18-01-2022, in 1st session.
    Next Purpose: PART HEARD
    Next Hearing Date: 18-01-2022
    
    Date: 18-01-2022
    Business: Complainant present with advocate. Accused and his advocate absent.
    Next Purpose: PART HEARD
    Next Hearing Date: 15-02-2022
    
    Date: 15-02-2022
    Business: Complainant absent. Ld. Adv. for complainant present. Accused present. Ld. Adv. for accused present. Exh. - 34 - Affidavit of evidence of Laxman Macchindra Bhagwat is read and recorded. For further steps in view of the same.
    Next Purpose: PART HEARD
    Next Hearing Date: 03-03-2022
    
    Date: 03-03-2022
    Business: Adv. for complainant present.
    Adv. for accused present.
    Witness present.
    Exh. No. 34 Contd.
    On S. A. cross-examination of Laxman Machindra Bhagwat by Adv. Rakesh Singh for accused.
    Cross-examination is over.
    No re-examination.
    Exh. No. 35 - An application by Adv. for issuance of summon to Post Master, Ghatkopar. O - Issue summons to witness as prayed on depositing witness bhatta.
    Next Purpose: PART HEARD
    Next Hearing Date: 29-03-2022
    
    Date: 29-03-2022
    Business: Adv. for complainant present.
    Adv. for accused present.
    Witness present.
    Exh. No. 36 - An application by Witness for submitting document on record. O - Allowed to produce on record.
    Exh. No. 37 - An application by Adv. for complainant for exemption. O - Granted for today only.
    Exh. No. 38 - Pursis for closing evidence.
    Exh. No. 39 - An application by Adv. for accused for adjournment.
    For statement U/sec. 313 of accused.
    Next Purpose: FOR STATEMENT U/sec 313
    Next Hearing Date: 08-04-2022
    
    Date: 08-04-2022
    Business: Accused absent. Adv. for accused present.
    Exh. No. 40 - An application by Adv. for accused for exemption. O - Granted for today only.
    Next Purpose: FOR STATEMENT U/sec 313
    Next Hearing Date: 22-04-2022
    
    Date: 22-04-2022
    Business: Complainant present. Ld. Adv. for complainant present. Accused Present.  Ld. Adv. for accused present.
    Exh - 41 - Statement of accused U/Sec 313 of Cr.P.C.
    Next Purpose: FOR STATEMENT U/sec 313
    Next Hearing Date: 29-04-2022
    
    Date: 29-04-2022
    Business: Adv. for complainant present.
    Adv. for accused present.
    Exh. No. 42 - Written argument filed by Adv. for complainant. O - Read and recorded.
    Exh. No. 43 - An application by Adv. for accused for Adjournment. O - Adj. granted as a last chance.
    Next Purpose: FOR ARGUMENTS
    Next Hearing Date: 10-05-2022
    
    Date: 10-05-2022
    Business: Adv. for complainant present.
    Adv. for accused present.
    Exh. No. 44 - An application by Adv. for accused for adjournment. O - Adj. granted as a last chance.
    Next Purpose: FOR ARGUMENTS
    Next Hearing Date: 19-05-2022
    
    Date: 19-05-2022
    Business: Complainant present. Ld. Adv. for complainant present.
    Accused Present. Ld. Adv. for accused present.
    Exh - 45 - Written Argument .
    O - Read and Record.
    Next Purpose: JUDGEMENT 2.45 P.M.
    Next Hearing Date: 10-06-2022
    
    Date: 10-06-2022
    Business: Complainant and his Adv. present.
    Accused and his Adv. present.
    Heard remaining argument and answered on queries.
    Next Purpose: JUDGEMENT 2.45 P.M.
    Next Hearing Date: 18-06-2022
    
    Date: 18-06-2022
    Business: Complainant present. Adv. for complainant absent.
    Accused and his Adv. present.
    Exh. No. 46 - Judgment pronounced in open Court.
    The accused Mr. Mangesh Jayram Katalkar is hereby convicted for the offence punishable under section 138 of the N. I. Act vide section 255(2) of the code of criminal procedure, 1973.
    Accused is sentenced to suffer simple imprisonment for period of Three months and he shall pay compensation of Rs. 1,50,000/- to the complainant vide section 357(3)of the code of criminal procedure. Accused shall pay above amount of  compensation within two months from today, in default of payment of compensation, accused shall suffer further simple imprisonment of the period of 15 days.
    The amount of compensation realized from  the accused, shall be paid to the complainant, subject to expiry of the appeal period or the order of Honourable Appeallate Court (if any).
    Accused to surrender his bail bonds.
    No question to set-off under section 428 of the Code of Criminal Procedure, 1973, as the accused has not spent any period in the custody during the trial.
    The copy of this judgment be provided free of cost to the accused, immediately after it is prepared, in view of section 363(1) of the Code of Criminal Procedure, 1973.
    Nature Of Disposal: CONVICTED
    Disposal Date: 18-06-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 31/2018
    Filing Date: 02-01-2018
    First Hearing Date: 19th March 2018
    Decision Date: 18th June 2022
    Court Number And Judge: 48-Judicial Magistrate (First Class), 48th Court

    Orders

    1
    Final Order 1Full order available
    18 Jun 2022

    Order Details: Copy of Judgment Pdf Text: 1 /16 C. C. No. 09/SS/2018 Filed on : 02/01/2018 Registered on : 02/01/2018 Decided on : 18/06/2022 Duration : 04Y. 05M. 16D. IN THE COURT OF METROPOLITAN MAGISTRATE 48TH COURT ANDHERI MUMBAI (Presided over by K. G. Sawant) Case No. 09/SS/2018 CNR: : MHMM190000482018 Exh. No. 46 Mr. Vishnu Vithal Auti. Adult, Indian inhabitant of Mumbai. Residing at 100/A, John Pereira House, Marol Village, Andheri (E), Mumbai – 4000 59 ...Complainant V/s.…

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