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Summons Private cases SS

MR. SUBHASH SAKHARAM KHAIREVsSMT. REKHA SHIVAJI SHINDE

CNR MHMM19000249201848-Judicial Magistrate (First Class), 48th Court
CASE DISPOSED
Contested--CONVICTED
Decision Date: 10th October 2024

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
136/2018
Registration Date
09 Jan 2018

Advocates

0

No advocate information is available in this record.

Parties

2

Acts & Sections

1
Representation of the People Act · Sec 138

Case History / Proceedings

Case History
Date: 05-04-2018
Business: Ld. M.M. is on leave. Charge with M.M. 63rd Court. Ex.5-Court fees paid.
Next Purpose: FOR VERIFICATION
Next Hearing Date: 05-07-2018

Date: 05-07-2018
Business: Adv. for compt. present. Ex. 6-Verification. Order passed below Ex.1-Process issued.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 04-01-2019

Date: 04-01-2019
Business: Adv. for compt. pt. Ex.7 Appln. for fresh summons through police-Issue. for report.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 17-06-2019

Date: 17-06-2019
Business: Compt. pt. Adv. pt For Awating for   report.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 23-10-2019

Date: 23-10-2019
Business: Adv. for compt. pt. Ex.8- Appln for fresh summons on new address- Issue.
for report.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 07-03-2020

Date: 07-03-2020
Business: Adv for both sides pt.
For evidence.
Next Purpose: FOR HEARING
Next Hearing Date: 08-06-2020

Date: 08-06-2020
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: 13-08-2020

Date: 13-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR HEARING
Next Hearing Date: 05-11-2020

Date: 05-11-2020
Business: Board discharged
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR HEARING
Next Hearing Date: 04-02-2021

Date: 04-02-2021
Business: Court is vacant. Board discharged.
Next Purpose: FOR HEARING
Next Hearing Date: 22-04-2021

Date: 22-04-2021
Business: Court is Vacant. Charge with Ld. M. M. 63rd Court. Board Discharged.
Next Purpose: FOR HEARING
Next Hearing Date: 18-06-2021

Date: 18-06-2021
Business: Complainant present his adv. absent accused absent his adv. absent For evidence.
Next Purpose: FOR HEARING
Next Hearing Date: 21-08-2021

Date: 21-08-2021
Business: Complainant present his adv. present accused absent his adv. absent . for evidence.
Next Purpose: FOR HEARING
Next Hearing Date: 27-08-2021

Date: 27-08-2021
Business: Ld. Metropolitan Magistrate, 48th Court, Andheri, Mumbai is on leave during the first session. Charge is with Ld. Metropolitan Magistrate, 63rd Court, Andheri, Mumbai.
Next Purpose: FOR HEARING
Next Hearing Date: 05-10-2021

Date: 05-10-2021
Business: Complainant absent. Ld. Adv. for complainant present. Ld. Adv. for accused present. Exh. - 13 - An application by the Ld. Adv. for complainant for adjournment is granted as last chance. For Evidence.
Next Purpose: FOR HEARING
Next Hearing Date: 12-10-2021

Date: 12-10-2021
Business: Complainant present his adv. absent accused absent his adv. present Exh-14 Application for exemption for accused. O- granted.
Next Purpose: FOR HEARING
Next Hearing Date: 22-10-2021

Date: 22-10-2021
Business: Complainant present with advocate. Accused present with advocate. Exh. - 15 - Vakalatnama filed by the Ld. Adv. for accused. Exh. - 16 - Affidavit of evidence of Subhash Sakharam Khaire is read and recorded. Exh. - 17 - List of documents. - O - Seen and other side to say about admissibility of documents. For further chief and cross examination.
Next Purpose: PART HEARD
Next Hearing Date: 15-11-2021

Date: 15-11-2021
Business: Complainant present with advocate. Exh. - 18 - Accused absent and exempted. Ld. Adv. for accused present. Exh. - 19 - Adjournment application of Ld. Adv. for accused is granted subject to cost of Rs. 500/-
Next Purpose: PART HEARD
Next Hearing Date: 02-12-2021

Date: 02-12-2021
Business: Complainant present with advocate. Accused present with advocate and submitted objections on list documents submitted by complainant along with affidavit of evidence.
Next Purpose: LOK-NYAYALAYA
Next Hearing Date: 11-12-2021

Date: 11-12-2021
Business: AS PER ROZNAMA
Next Purpose: LOK-NYAYALAYA
Next Hearing Date: 12-03-2022

Date: 12-03-2022
Business: Case is not Settled, case adjoined to Next Date
Next Purpose: LOK-NYAYALAYA
Next Hearing Date: 08-04-2022

Date: 08-04-2022
Business: Complainant and his Adv. present.
Adv. for accused present.
Exh. No. 21 - An application by Adv. for complainant for No cross-of the complainant.
Exh. No. 22 - An application by adv. for accused for for exemption. O - Granted for today only.
On S. A. further examination-in-chief of Subhash Khaire by Adv. Alok Singh for complainant.
Exh. No. 23 and 24 - Declaration.
Exh. No. 25 to 28 - Disputed cheques.
Article A to D - Cheque returned memos.
Exh. No. 29 - Office copy of notice.
Exh. No. 30 and 31 - Postal receipts.
Exh. No. 32 - Returned envelope.
Exh. No. 33 - A. D. Card.
Cross-examination by Adv. Rahul kamble for accused.
On Oral request of Adv. for accused, matter is adjourned for cross-examination till next date.
Matter is fixed of cross-examination on 10-05-2022 in 1st session.
Next Purpose: PART HEARD
Next Hearing Date: 10-05-2022

Date: 10-05-2022
Business: Complainant absent. Ld. Adv. for complainant present. Accused absent. Ld. Adv. for accused present.
Exh - 34 - App for Pass No Cross-order.
O - Accused to say.
Exh - 36 - App for set aside no Cross order. O - Other side to say.
Exh - 35 - App of purses of closing evidence. O - Seen.
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 07-06-2022

Date: 07-06-2022
Business: Complainant present. Ld. Adv. for complainant present.
Accused absent. Ld. Adv. for accused present.
Exh No-16 contd. Page No-11.
On S.A.Cross-examination of Subhash Khaire by Adv Rahul Salve for the Accused.
On oral request of Adv for accused, cross-examination is adjourned till next date.
Next Purpose: PART HEARD
Next Hearing Date: 13-07-2022

Date: 13-07-2022
Business: Complainant present. Adv. for complainant absent.
Accused absent. Adv. for accused present.
Exh. No. 37 - An application by Adv. for accused for exemption. O - Granted for today only.
For Further cross-examination.
Next Purpose: PART HEARD
Next Hearing Date: 11-08-2022

Date: 11-08-2022
Business: Complainant present.  Ld. Adv. for complainant absent.   Accused absent Ld. Adv. for accused Present.
Exh - 38 - App for exemption of accused. O - granted as prayed.
Exh - 39 - app for adjournment on behalf of complainant. O - Adjournment granted as a last chance.
On request of both parties case is adjourned on next date
Next Purpose: PART HEARD
Next Hearing Date: 16-09-2022

Date: 16-09-2022
Business: Complainant Present. Ld Adv. for Complainant Present.
Accused Present. Ld Adv. for accused present.
On oral request of both parties case is adjourned on next date
Next Purpose: PART HEARD
Next Hearing Date: 15-10-2022

Date: 15-10-2022
Business: Complainant and his adv. present.
Adv. for accused present.
Next Purpose: PART HEARD
Next Hearing Date: 19-11-2022

Date: 19-11-2022
Business: Complainant Present. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused present.
Exh -   App for exemption on behalf of accused. O - Granted for today only.
Next Purpose: PART HEARD
Next Hearing Date: 08-12-2022

Date: 08-12-2022
Business: Complainant Present. Ld Adv. for complainant present.
Accused Present. Ld Adv. for accused present.
Next Purpose: PART HEARD
Next Hearing Date: 12-01-2023

Date: 12-01-2023
Business: Complainant Present. Ld Adv. for complainant present.
Accused Present. Ld Adv. for accused present.
Exh.No.16 contd. Page No.13.
On S.A.further cross-examination of Subhash Khaire by Adv. Rahul Salve for accused.
Cross-examination is over.
No re-examination.
Next Purpose: PART HEARD
Next Hearing Date: 08-02-2023

Date: 08-02-2023
Business: Complainant present. Adv. for complainant absent.
Accused and his Adv. present.
For further evidence.
Next Purpose: PART HEARD
Next Hearing Date: 02-03-2023

Date: 02-03-2023
Business: Complainant Present. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused present.
Exh - 43 - App for exemption on behalf of accused. O - Granted.
Order below Exh - 1
Case is fixed for evidence.  Inspite of opportunity is given, complainant has failed to lead evidence.  Hence, evidence of complainant is closed and case is fixed for statement of accused u/sec 313 of Cr.P.C.
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 18-03-2023

Date: 18-03-2023
Business: Complainant Present. Ld Adv. for complainant present.
Accused Present. Ld Adv. for accused present.
Exh - 44 - Statement of accused u/sec 313 of Cr.P.C. recorded .
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 20-04-2023

Date: 20-04-2023
Business: Complainant Present. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused present.
Exh - 45 - App for exemption on behalf of accused. O - Granted.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 19-05-2023

Date: 19-05-2023
Business: Metropolitan Magistrate is on Concession leave, charge with Ld. Metropolitan Magistrate, Railway Mobile Court, Andheri, Mumbai.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 07-07-2023

Date: 07-07-2023
Business: Complainant Present. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused present.
Exh - 46 - App for exemption on behalf of accused. O - Granted.
Exh - 47 - App for adjournment on behalf of accused. o - Adjournment granted as a last chance
On Oral request of both the parties case is adjourned next date
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 07-08-2023

Date: 07-08-2023
Business: Complainant Present. Ld Adv. for complainant absent.
Accused Present. Ld Adv. for accused present.
Exh - 48 - Vakalatanama. O - Seen.
Exh - 49 - App for recalling the witness u/sec 311 of Cr.P.C.
O - Other side to say.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 25-08-2023

Date: 25-08-2023
Business: Complainant and his Adv. present.
Accused and his Adv. present.
Say filed by Adv. for on Exh.  No. 49. Order passed below Exh. No. 49 - Application is allowed subject to cost of Rs. 2000/- payable by complainant to accused and take steps to secure presence of bank witness.
Exh. No. 50 - An application by Adv. for complainant for issuing summons to bank witness. O - Issue summons to witness as prayed.
Next Purpose: PART HEARD
Next Hearing Date: 06-10-2023

Date: 06-10-2023
Business: Metropolitan Magistrate is on leave, charge with  Metropolitan Magistrate, 44th Court, Andheri, Mumbai.
Next Purpose: PART HEARD
Next Hearing Date: 04-12-2023

Date: 04-12-2023
Business: Metropolitan Magistrate is on leave, charge with  Metropolitan Magistrate, 44th Court, Andheri, Mumbai.
Next Purpose: PART HEARD
Next Hearing Date: 11-01-2024

Date: 11-01-2024
Business: Complainant Present. Ld Adv. for complainant present.
Accused Present. Ld Adv. for accused present.
Exh. No. 51
Deposition of witness No.2 on behalf of complaianant.
On S.A. Examination-in-chief by Advocate Shubham More for the complainant.
Cross-examination by Advocate Rahul Salve for accused.
Cross-examination is over.
No re-examination.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 01-02-2024

Date: 01-02-2024
Business: Complainant absent. Ld Adv. for complainant present.
Accused Present. Ld Adv. for accused present.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 02-03-2024

Date: 02-03-2024
Business: Complainant Present. Ld Adv. for complainant present.
Accused Present. Ld Adv. for accused present.
Exh - 57 - Written argument on behalf of complainant. O - Seen
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 02-04-2024

Date: 02-04-2024
Business: Complainant Present. Ld Adv. for complainant absent.
Accused Present. Ld Adv. for accused absent.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 16-04-2024

Date: 16-04-2024
Business: Complainant Present. Ld Adv. for complainant absent.
Accused Present. Ld Adv. for accused absent.
Next Purpose: FOR JUDGMENT
Next Hearing Date: 06-05-2024

Date: 06-05-2024
Business: Complainant absent. Ld Adv. for complainant present.
Accused Present. Ld Adv. for accused present.
Exh - 58 - App for adjournment on behalf of accused. o - Adjournment granted as a last chance.
For oral argument.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 14-06-2024

Date: 14-06-2024
Business: Complainant Present. Ld Adv for complainant Present.
Accused Present. Ld Adv for accused Present.
Exh - 59 - Written argument on behalf of accused. O - Seen and filed.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 11-07-2024

Date: 11-07-2024
Business: Judicial Magistrate (Fist Class), 48th court  is on Leave , Charge with Judicial Magistrate (Fist Class), 44th Court, Andheri, Mumbai. Case is adjourned next date
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 09-08-2024

Date: 09-08-2024
Business: Complainant Present. Ld Adv for complainant Present.
Accused Present. Ld Adv for accused Present.
Exh - List of Judgement on behalf of accused.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 28-08-2024

Date: 28-08-2024
Business: Complainant Present. Ld Adv for complainant absent.
Accused Present. Ld Adv for accused Present.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 10-10-2024

Date: 10-10-2024
Business: Complainant Present. Ld Adv For complainant Present. Accused absent. Ld Adv for accused absent.
Order Below Exh - 60
1. Accused Smt. Rekha Shivaji Shinde, Age 41 years convicted under Section 255 (2) of the Code of Criminal Procedure, 1973 for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 and sentenced to suffer simple Imprisonment for two months.
2. Accused is directed to pay compensation Rs. 6,43,000/- (Rs. Six Lacs Forty Three Thousand Only) to the complainant within three months from today, in default to suffer Simple Imprisonment for Three months.
3. Accused to surrender to her bail bond.
4. Muddemal being an original cheque and bank memo, be returned to the complainant after appeal period is over.
5. 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.
6.Today i.e. on the date of judgment accused remained absent, hence issue standing Non-bailable warrant against the accused for her arrest through concerned police station for execution of sentence in view of Section 418 (2) of Cr.P.C.
7.The copy of this Judgment shall be send to the convicted accused, free of cost, in view of section 363(1) of the Code of Criminal Procedure, 1973.
8. Dictated and pronounced in open court.
Nature Of Disposal: CONVICTED
Disposal Date: 10-10-2024

Additional Case Details

Additional Case Details
Filing Number: 458/2018
Filing Date: 09-01-2018
First Hearing Date: 05th April 2018
Decision Date: 10th October 2024
Court Number And Judge: 48-Judicial Magistrate (First Class), 48th Court

Orders

1
Final Order 1Full order available
10 Oct 2024

Order Details: Copy of Judgment Pdf Text: 1 C. C. NO. 136/SS/2018 CNR No. : MHMM19-000249-2018 Received On : 09/01/2018 Registered On : 09/01/2018 Decided On : 10/10/2024 Duration :Y-06, M-09 , D-01 IN THE COURT OF JUDICIAL MAGISTRATE (FIRST CLASS), ANDHERI (Court No. 48), MUMBAI. ( Presided over by Y. P. Pujari ) C.C. No. 136/SS/2018 Exh. 60 Mr. Subhash Sakharam Khaire An Adult, aged about 54 years, Residing at Room No. 572 Galli No. 11, Sai Nagar, Marol…

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