TRANSASIA BIO-MEDICALS LTDVsMR. RAJAMOHAN RD

Date: 23-04-2018
Business: Compt. present. Adv. present. Ex.5-Court fees paid. Ex.6- Verification. Ex.7-Pursis. Order passed below Ex. 1- Process issued.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 19-09-2018

Date: 19-09-2018
Business: Adv. for compt. present. Ex. 8Appln. for B/W-Issue B/W  of Rs.5000/- against accud. for report.
Later on Accd. pt. with Adv. Ex.9-VP. Ex.10-Appln. for cancellatioin of warrant-B/W cancelled. Ex.11-Appln.for bail-Accd. to furnish P.B. and S.B. of Rs.15000/-/. Ex.12-Appln. for cash bail-Accd. to deposit cash amt. for Rs.15000/-. Ex.13-Plea of accd.
Next Purpose: FOR HEARING
Next Hearing Date: 15-01-2019

Date: 15-01-2019
Business: Adv. for compt.pt. Ex. 14-Appln. for NBW- Issue B/W of Rs.5000/- for report.
Next Purpose: FOR HEARING
Next Hearing Date: 07-05-2019

Date: 07-05-2019
Business: Adv. for compt. pt. Await report of warrant.
Next Purpose: FOR HEARING
Next Hearing Date: 24-09-2019

Date: 24-09-2019
Business: Compt. pt. Adv. pt. Ex.15-Appln. for substitution  of complainant authorized  representative- Allowed and comply. Ex.16-Affidavit.  Ex.-17--List of documents..Ex.18-Appln.f or NBW- Rejected. For steps.
Next Purpose: FOR HEARING
Next Hearing Date: 13-12-2019

Date: 13-12-2019
Business: Adv. for compt. pt. for evidence.
Next Purpose: FOR HEARING
Next Hearing Date: 27-02-2020

Date: 27-02-2020
Business: Adv for complt pt.
For steps.
Next Purpose: FOR HEARING
Next Hearing Date: 01-06-2020

Date: 01-06-2020
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: 03-08-2020

Date: 03-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR HEARING
Next Hearing Date: 22-10-2020

Date: 22-10-2020
Business: Adjourned due to Covid-19
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR HEARING
Next Hearing Date: 11-01-2021

Date: 11-01-2021
Business: Adv for both sides ab.
For steps.
Next Purpose: FOR HEARING
Next Hearing Date: 23-03-2021

Date: 23-03-2021
Business: Court is Vacant. Board discharged.
Next Purpose: FOR HEARING
Next Hearing Date: 27-09-2021

Date: 27-09-2021
Business: Complainant present with advocate.
Next Purpose: FOR HEARING
Next Hearing Date: 27-10-2021

Date: 27-10-2021
Business: Ld MM is on leave half day 1st session board discharged. Charge with Ld MM 63rd court.
Next Purpose: FOR HEARING
Next Hearing Date: 10-12-2021

Date: 10-12-2021
Business: Complainant present with advocate. Accused and Ld. Adv. for accused absent. Adjournment application of complainant is granted.
Next Purpose: FOR HEARING
Next Hearing Date: 29-12-2021

Date: 29-12-2021
Business: Complainant and his Adv. present.
For evidence.
Next Purpose: FOR HEARING
Next Hearing Date: 27-01-2022

Date: 27-01-2022
Business: Complainant and his Adv. present.
Next Purpose: FOR HEARING
Next Hearing Date: 28-02-2022

Date: 28-02-2022
Business: Complainant and his Adv. present.
For evidence.
Next Purpose: FOR HEARING
Next Hearing Date: 30-03-2022

Date: 30-03-2022
Business: Complainant and his Adv. present.
An affidavit in lieu or examination in chief. O - Read and recorded.
List of documents. O - Call say of accused about admissibility of documents.
For further examination-in-chief.
Next Purpose: PART HEARD
Next Hearing Date: 21-04-2022

Date: 21-04-2022
Business: Complainant present. Ld. Adv. for complainant present
Next Purpose: PART HEARD
Next Hearing Date: 06-06-2022

Date: 06-06-2022
Business: Both parties and their Adv. absent.
For further examination in chief.
Next Purpose: PART HEARD
Next Hearing Date: 25-07-2022

Date: 25-07-2022
Business: Complainant present. Ld. Adv. for complainant present.
Exh -20 - Affidavit of the complainant in lieu of examination in chief u/sec - 145 of N.I. Act. 1881 and since amended. O- Read and Record.
 Exh -21 - List of document. O- Call say of accused about admissibility of document.
O - Accused did not file of say about admissibility of document. Hence matter to proceed without say of the accused.
Next Purpose: PART HEARD
Next Hearing Date: 05-08-2022

Date: 05-08-2022
Business: Complainant present.  Ld. Adv. for complainant present.
Exh. No.20 contd. Page no.07.
On S.A.further examination-in-chief of Dhiraj kailash vishwakarma by Adv. Nitul Chaurvedi for the complainant.
Filed affidavit of examination-in-chief which bears my signature, contents are true and correct.
Exh - 21 - Filed document along with list.
Accused and his advocate are absent when called. Hence matter to proceed without say on the part of accused on the admissibility of document.
Exh - 22 - Verified copy of resolution.
Exh - 23 - Verified copy of minutes of meetings.
Exh - 24 - Letter written by accused to the complainant.
Exh - 25 - Purchase order.
Exh -26 collectively - All tax invoices form page no-23 to 28 of compilation.
Exh - 27 - Warranty certificate.
Exh - 28 - Original cheque.
Exh - 29 - Cheque returned memo.
Exh - 30 - Demand notice.
Exh - 31 - Postal receipt.
Exh - 32 - A.D.Card.
Cross-examination by Adv. for accused.
Accused and his advocate are absent when called. Hence matter to proceed to without cross-examination.
No cross-examination.
Exh - 33 - App for NBW against accused. O - Issue NBW against accused.
Exh - 34 - Purses for closing evidence.
O - Seen.
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 11-10-2022

Date: 11-10-2022
Business: Complainant Present. Ld Adv. for complainant present.
On Oral request of complainant case is adjourned next date
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 05-12-2022

Date: 05-12-2022
Business: Complainant Present. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused absent.
Exh - 35 - App for issue of fresh NBW.
O  - Re-issue NBW against the accused.
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 03-02-2023

Date: 03-02-2023
Business: Complainant Present. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused absent.
warrant pending
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 27-03-2023

Date: 27-03-2023
Business: Complainant Present. Ld Adv. for complainant present.
Warrant pending
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 06-05-2023

Date: 06-05-2023
Business: Complainant Present. Ld Adv. for complainant present.
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 27-07-2023

Date: 27-07-2023
Business: Complainant Present. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused absent.
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 16-09-2023

Date: 16-09-2023
Business: Complainant and his Adv. present.
Accused and his Adv. absent.
NBW is pending against accused.
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 21-10-2023

Date: 21-10-2023
Business: Complainant Present. Ld Adv. for complainant present.
Warrant Pending
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 24-01-2024

Date: 24-01-2024
Business: Complainant Present. Ld Adv. for complainant present.
warrant pending
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 11-03-2024

Date: 11-03-2024
Business: Complainant Present. Ld Adv. for complainant present.
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 12-04-2024

Date: 12-04-2024
Business: Complainant Present. Ld Adv. for complainant present.
Exh - 36 - App for Dispensing 313 statement of the accused.
O - Other side to say
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 20-04-2024

Date: 20-04-2024
Business: Complainant Present. Ld Adv. for complainant present.
Order below Exh- 36 -
Today matter is pending for recording statement of accused u/sec 313 of Cr.P.C. it appears that accused is absent since long. Case is of years 2018.  Inspite of sufficient opportunity given accused has failed to appear and explain about incriminating evidence adduced against him. It is the accused who has failed to avail opportunity to explain incriminating evidence appearing against him on record. Case is old one. Besides that as per judgements of Honble Apex Court in the case of Indian Bank Associations and Ors Vs of india and ors, decided on 21/04/2014 in Writ Petition (civil) No. 18/2013 If accused fails to apply for leave to defense, in that case court can proceed further and pronounce judgment. Besides that this is a summary proceeding still opportunity was granted to accused to appear and explain about incriminating evidence appearing against them. Accused have failed to avail this opportunity. Hence, statement of accused u/sec 313 of Cr.P.C. is dispensed with and case is fixed for final arguments on next date.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 26-04-2024

Date: 26-04-2024
Business: Complainant Present. Ld Adv. for complainant present.
Exh - 37 -  Written argument on behalf of complainant. O - Seen.
Next Purpose: FOR JUDGMENT
Next Hearing Date: 24-05-2024

Date: 24-05-2024
Business: Complainant Present. Ld Adv. for complainant present.
For oral argument.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 19-06-2024

Date: 19-06-2024
Business: Metropolitan Magistrate is on Leave , Charge with Metropolitan Magistrate,
44th Court, Andheri, Mumbai. Case is adjourned next date
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 27-06-2024

Date: 27-06-2024
Business: Complainant Present. Ld Adv for complainant Present. Order Below Exh - 38. 1. Accused Mr. Rajamohan RD age - 29 yrs. is convicted under Section 255 (2) of the Code of Criminal Procedure, 1973 for an offence punishable under Section 138 of the Negotiable Instrument Act, 1881 and sentenced to suffer simple Imprisonment for two months. 2. Accused is directed to pay compensation Rs. 2,16,117/- (Rs. Two Lacs Sixteen Thousand One Hundred Seventeen Only) to the complainant within three months from today, in default to suffer Simple Imprisonment for three months. 3. Accused to surrender to his 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 his 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: 27-06-2024

Filing Number: 577/2018
Filing Date: 11-01-2018
First Hearing Date: 23rd April 2018
Decision Date: 27th June 2024
Court Number And Judge: 48-Judicial Magistrate (First Class), 48th Court