Date: 03-01-2019
Business: Adv. for compt. pt. Complaint filed today. Verification recorded. Documents verified. Order passed below Ex.1-Process issued against accused.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 18-07-2019
Date: 18-07-2019
Business: Adv. for compt. pt. for report.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 24-01-2020
Date: 24-01-2020
Business: Adv for complt pt
Ex.5- Appl for NBW - Issue B/W of Rs. 10000/-
For Report
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 23-04-2020
Date: 23-04-2020
Business: LOCK DOWN EXTENDED UPTO 03/05/2020
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 01-07-2020
Date: 01-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 25-09-2020
Date: 25-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 08-12-2020
Date: 08-12-2020
Business: Adv for complt ab.
for steps.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 26-04-2021
Date: 26-04-2021
Business: Court is vacant. Charge is with the Hon''ble Addl. Chief Metropolitan Magistrate, 22nd Court, Andheri, Mumbai. As per Office Circular bearing No. CMM/OC/11/2021, office of the Hon''ble C. M. M., Esplanade, Mumbai dated 22/04/2021 board is discharged.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 02-08-2021
Date: 02-08-2021
Business: Both parties absent.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 21-10-2021
Date: 21-10-2021
Business: Complainant pt with adv and filed appln. Exh 6 for issue of fresh warrant against accused order Issue B wt of Rs. 10000/- against accused.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 24-11-2021
Date: 24-11-2021
Business: Complainant absent. Ld. Adv. for complainant present. Accused present with advocate. Exh. -- Vakalatnama filed by Ld. Adv. for accused. Exh. -- An application for cancellation of warrant issued against accused and the same is cancelled subject to penalty of Rs. 500/-. Accused has paid aforesaid penalty. Exh. -- An application for bail of accused. - O - Accused is released on bail on executing PR Bond and depositing cash security of Rs. 5000/-. Exh.-- PR Bond and Cash Bond of accused. Exh. -- Plea of accused is recorded. A. P. N. G. For evidence.
Next Purpose: FOR HEARING
Next Hearing Date: 04-12-2021
Date: 04-12-2021
Business: Complainant present with advocate. Exh. - 12 - Accused absent and exempted. Ld. Adv. for accused present. Exh. - 13 - Affidavit of evidence of Prakash Laxman Jadhav is read and recorded. Exh. - 14 - List of documents. - O - Seen and accused to say about the admissibility of documents. Exh. - 15 - An application under section 143 - A of N. I. Act by Ld. Adv. for complainant, the same is kept for say of accused. For further chief and cross examination.
Next Purpose: PART HEARD AT 2.45P.M.
Next Hearing Date: 06-01-2022
Date: 06-01-2022
Business: Adv. for accused present.
Exh. No. 16 - An application on behalf of accused for exemption. O - Granted.
Exh. No. 17 - Reply on behalf of accused. O - Seen.
Next Purpose: PART HEARD AT 2.45P.M.
Next Hearing Date: 07-02-2022
Date: 07-02-2022
Business: Declaration of Holiday on Monday 07th February 2022 O. W. No. RG/1611/9/2022 dt. 06Th February 2022 from Registrar General High Court, Bombay. Case Adj
Next Purpose: PART HEARD AT 2.45P.M.
Next Hearing Date: 14-03-2022
Date: 14-03-2022
Business: Complainant and his Adv. absent.
Accused absent. Adv. for accused present.
Next Purpose: PART HEARD AT 2.45P.M.
Next Hearing Date: 07-04-2022
Date: 07-04-2022
Business: Complainant present. Ld. Adv. for complainant present. Accused Present. Ld. Adv. for accused present.
Order below Exh -15 - By way of this app u/sec 143-A of N.I. Act. complainant has prayed to give direction to accused to pay 20% of cheque amout as inyrtim compensation.
Next Purpose: PART HEARD AT 2.45P.M.
Next Hearing Date: 09-05-2022
Date: 09-05-2022
Business: Complainant absent. Ld. Adv. for complainant present. Accused absent. Ld. Adv. for accused present.
Next Purpose: PART HEARD AT 2.45P.M.
Next Hearing Date: 22-06-2022
Date: 22-06-2022
Business: Complainant and his advocate absent. Exh. - 18 - Accused absent and exempted. Ld. Adv. for accused present. For further chief and cross examination.
Next Purpose: LOK-NYAYALAYA
Next Hearing Date: 13-08-2022
Date: 13-08-2022
Business: Matter is not settled in both the parties, hence put up before regular court
Next Purpose: PART HEARD AT 2.45P.M.
Next Hearing Date: 23-08-2022
Date: 23-08-2022
Business: Complainant present. Ld. Adv. for complainant present. Accused and Ld. Adv. for accused Present.
Exh - 19 - App for Adjournment on behalf of accused. O - Adjournment granted subject to cost of Rs.1000/-
Exh - 20 - App on behalf of complainant 421 of Criminal Procedure code. O - other side to say.
Next Purpose: PART HEARD AT 2.45P.M.
Next Hearing Date: 22-09-2022
Date: 22-09-2022
Business: Complainant Present. Ld Adv. for Complainant Present.
Accused Present. Ld Adv. for accused Present.
Exh - 21 - Reply on behalf of accused on the app. of complainant dated 23/08/2022.
O - Seen.
Exh. No.13 contd.Page No-09.
On S.A.further examination-in-chief of Prakash Jadhav by Advocate Pooja Jadhav for the complainant.
Exh - 13 - Filed affidavit of examination-in-chief, Contents are true and correct.
Exh - 14 - Filed document along with list.
Ld. Advocate Sandesh Jadhav for accused has denied all the documents and raised objection to give exhibit numbers.
Exh - 22 - Affidavit.
Exh - 23 - Original cheque
Article-A - Cheque returned memo.
Exh - 24 - Office copy of demand notice.
Exh - 25 - Postal receipts.
Exh - 26- A.D.Card.
Cross-examination by Adv. Sandesh Jadhav for accused.
(On oral request of advocate for accused,. matter is adjourned for cross-examination till next date.)
Next Purpose: PART HEARD AT 2.45P.M.
Next Hearing Date: 18-10-2022
Date: 18-10-2022
Business: Complainant absent. Ld Adv. for complainant absent.
Accused Present. Ld Adv. for accused present.
Next Purpose: PART HEARD AT 2.45P.M.
Next Hearing Date: 30-11-2022
Date: 30-11-2022
Business: Complainant Present. Ld Adv. for complainant present.
Accused Present. Ld Adv. for accused present.
Next Purpose: PART HEARD AT 2.45P.M.
Next Hearing Date: 31-12-2022
Date: 31-12-2022
Business: Complainant absent. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused present.
Exh - 28 - App for exemption on behalf of accused. O - Granted for today only.
Exh - 29 - App on behalf of complainant for extension of recovery warrant.
O - Extended recovery warrant
Next Purpose: PART HEARD AT 2.45P.M.
Next Hearing Date: 24-01-2023
Date: 24-01-2023
Business: Complainant Present. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused present.
Exh - 30 - App for exemption on behalf of accused. O - Granted.
Exh.No.13 contd.Page No.10.
On S.A.further cross-examination of Prakash Jadhav by Adv. Sandesh Jadhav for accused.
( On oral request of advocate for accused, for cross-examination deferred till next date.)
Next Purpose: PART HEARD AT 2.45P.M.
Next Hearing Date: 07-02-2023
Date: 07-02-2023
Business: Complainant Present. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused present.
Exh - 31 - App on behalf of complainant for issue of summons to witness.
O - Issue summons to bank witness as prayed.
Exh - 32 - App on behalf of complainant for issue of summons to witness.
O - Issue summons to bank witness as prayed.
Exh.No. 13 contd. Page No.13
on S.A.further cross-examination of Prakash Jadhav by Adv. Sandesh Jadhav for accused.
Cross-examination is over.
No re-examination.
Next Purpose: PART HEARD AT 2.45P.M.
Next Hearing Date: 28-02-2023
Date: 28-02-2023
Business: Complainant Present. Ld Adv. for complainant present.
Accused Present. Ld Adv. for accused present.
Exh - 33 - Vakalatanama. O - Seen.
Exh. No-34 Page No.01.
Deposition of witness No-2 on behalf of complainant.
On S.A. Examination-in-chief by Advocate Pooja Jadhav for the complainant.
Cross-examination by Adv. Pratik Tirmare for accused.
Cross-examination is over.
No Re-examination.
Exh - 38 - Closing evidence purses.
O - Seen.
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 14-03-2023
Date: 14-03-2023
Business: Complainant Present. Ld Adv. for complainant present.
Accused Present. Ld Adv. for accused present.
Exh - 39 - Statement of Accused name Nitin Ratnakar Makasare u/sec 313 of Cr.P.C.
Next Purpose: PART HEARD
Next Hearing Date: 01-04-2023
Date: 01-04-2023
Business: Complainant Present. Ld Adv. for complainant present.
Accused Present. Ld Adv. for accused present.
Exh. No.40.
Deposition of witness No.1 on behalf of accused.
On S.A.Examination-in-chief by Advocate Sandesh Jadhav for the accused.
Cross-examination by Adv. pooja Jadhav for complainant.
Cross-examination is over.
No re-examination.
Next Purpose: PART HEARD
Next Hearing Date: 15-04-2023
Date: 15-04-2023
Business: Complainant Present. Ld Adv. for complainant present.
Accused Present. Ld Adv. for accused present.
Exh - 41 - Purses of closing evidence.
O - Seen.
Exh - 42 - Written argument on behalf of complainant. O - Seen.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 09-05-2023
Date: 09-05-2023
Business: Complainant absent. Ld. Adv.for complainant absent. accused Present.
Ld. Adv.for accused Present.
Order Below Exh-42
i. The accused Mr. Nitin Ratnakar Makasare is hereby convicted for the offence punishable under section 138 of the Negotiable Instrument Act, 1881 vide section 255(2) of the Code of Criminal Procedure, 1973.
ii. Accused is hereby sentenced to pay compensation of Rs. 90,000/- (Rs. Ninety Thousand Only) 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 simple imprisonment for the period of Six month.
iii. The amount of compensation realized from the accused, shall be paid to the complainant, subject to expiry of the appeal period or the orders of Honourable Appellate Court (if any).
iv. Accused to surrender his bail bonds.
v. No question of 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.
vi. 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.
vii. Accused is informed about having his right to prefer appeal against this judgment within a statutory period before Hon\''ble Sessions Court.
viii. Dictated and pronounced in open court.
Nature Of Disposal: CONVICTED
Disposal Date: 09-05-2023
