Date: 08-05-2018
Business: Complt. pt. with Adv.
Ex. 4 - Verification st.
Ex. 5 - 202 pursis.
Order passed below Ex. 1 -
Issue process against accd. no. 1 and 2 for the offence p.u.sec. 138 r.w. 141 of N.I. Act.
Next Purpose: FOR VERIFICATION
Next Hearing Date: 14-09-2018
Date: 14-09-2018
Business: Adv. for both side present. for furnishing surety and evidence.
Next Purpose: FOR HEARING
Next Hearing Date: 29-09-2018
Date: 29-09-2018
Business: Compt. ab. Adv. pt. Accd. pt. Adv. pt. Ex. 10-Compt. exempted for today. Ex. 11-Appln. for permission to deposit cash-Allowed. Ex. 12-Appln. for cash bail-Accd. to deposit cash amt. of Rs.15000/-. for evidence.
Next Purpose: FOR HEARING
Next Hearing Date: 11-03-2019
Date: 11-03-2019
Business: Adv. for compt. pt. Adv. for accd. ab. Ex. 13-Comptt. exempted for today. Ex.14- Appln. for NBW against accd. -Keep for consideration till filing of evidence affidavit as complainant is absent today.
Next Purpose: FOR HEARING
Next Hearing Date: 16-07-2019
Date: 16-07-2019
Business: Adv. for compt. pt. Adv. for accd. ab. for warrant report.
Next Purpose: PART HEARD
Next Hearing Date: 07-01-2020
Date: 07-01-2020
Business: Adv. for compt. pt. Adv. for accd. ab. for warrant report.
Next Purpose: PART HEARD
Next Hearing Date: 26-02-2020
Date: 26-02-2020
Business: Ld. M. M. is on Leave. Board Discharged. Charge with Ld. M. M. 63rd Court.
Next Purpose: PART HEARD
Next Hearing Date: 15-04-2020
Date: 15-04-2020
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: PART HEARD
Next Hearing Date: 29-06-2020
Date: 29-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: PART HEARD
Next Hearing Date: 11-08-2020
Date: 11-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: PART HEARD
Next Hearing Date: 27-10-2020
Date: 27-10-2020
Business: Board discharged.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: PART HEARD
Next Hearing Date: 07-01-2021
Date: 07-01-2021
Business: Ld. M.M. is on leave. Board discharged.
Next Purpose: PART HEARD
Next Hearing Date: 20-03-2021
Date: 20-03-2021
Business: Court is Vacant. Board discharged.
Next Purpose: PART HEARD
Next Hearing Date: 08-07-2021
Date: 08-07-2021
Business: Ld. Metropolitan Magistrate, 48th Court, Andheri, Mumbai is on leave charge is with Ld. Metropolitan Magistrate, 63rd Court, Andheri, Mumbai.
Next Purpose: PART HEARD
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: PART HEARD
Next Hearing Date: 05-10-2021
Date: 05-10-2021
Business: Complainant present. Ld. Adv. for complainant present. Accused absent. Ld. Adv. for accused absent. Exh. - 20 - An application for NBW against accused is granted. For further chief and cross examination.
Next Purpose: PART HEARD
Next Hearing Date: 23-11-2021
Date: 23-11-2021
Business: Complainant and his Adv. present.
Accused and his Adv. absent.
Exh. No. 21 - An application for fresh NBW. O - Issue NBW against accused.
For report and steps.
Next Purpose: PART HEARD
Next Hearing Date: 28-01-2022
Date: 28-01-2022
Business: Adv. for complainant present.
Next Purpose: PART HEARD
Next Hearing Date: 08-03-2022
Date: 08-03-2022
Business: Complainant absent. Ld. Adv. for complainant present. Accused and Ld. Adv. for accused absent.
Next Purpose: PART HEARD
Next Hearing Date: 26-04-2022
Date: 26-04-2022
Business: Adv. for complainant present.
Accused and his Adv. absent.
Exh. No. 23 - An application by Adv. for complainant for issuing fresh NBW. O - Re-issue NBW against accused.
For further examination in chief.
Next Purpose: PART HEARD
Next Hearing Date: 22-06-2022
Date: 22-06-2022
Business: Complainant absent. Ld. Adv. for complainant present. Accused and his advocate absent. Exh. - 24 - An application for extension of NBW against accused is granted.
Next Purpose: PART HEARD
Next Hearing Date: 26-07-2022
Date: 26-07-2022
Business: Complainant absent. Ld. Adv. for complainant present. Accused and Ld. Adv. for accused absent.
Exh - 25 - App for show cause notice.
O - Issue show cause notice to concerned PI.
Exh - 26 - App for NBW. O - Issue NBW against the accused.
Next Purpose: PART HEARD
Next Hearing Date: 06-09-2022
Date: 06-09-2022
Business: Complainant absent. Ld Adv. for Complainant Present.
Accused absent. Ld Adv. for accused absent.
Exh - 27 - App for NBW with forwarding letter to virar Po. Stn. to serve personally by complainant to virar Po. Stn.
O - Issue Fresh NBW as prayed.
Next Purpose: PART HEARD
Next Hearing Date: 20-10-2022
Date: 20-10-2022
Business: Complainant Present. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused absent.
Exh - 28 - App for NBW against the accused. O - Issue fresh NBW against the accused.
Exh - 29 - App for show case notice to police. O - Issue show cause notice to the concerned PI.
Next Purpose: PART HEARD
Next Hearing Date: 21-11-2022
Date: 21-11-2022
Business: Accused Present. Ld Adv. for accused present.
Exh - 30 - App for taken on today board.
O - Allowed.
Exh - 31 - App for cancellation of warrant.
O - NBW against accused stand cancelled subject to penalty of Rs.2000/-
Next Purpose: PART HEARD
Next Hearing Date: 05-12-2022
Date: 05-12-2022
Business: Complainant absent. Ld Adv. for complainant present.
Accused present. Ld Adv. for accused present.
On Oral request of both the parties case is adjourned next date
Next Purpose: PART HEARD
Next Hearing Date: 09-01-2023
Date: 09-01-2023
Business: Complainant Present. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused present.
Exh - 32 - App for exemption on behalf of accused. O - Granted.
Next Purpose: PART HEARD
Next Hearing Date: 03-02-2023
Date: 03-02-2023
Business: Complainant Present. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused present.
Exh - 33 - App for exemption on behalf of accused. O - Granted.
Exh - 34 - App for adjournment on behalf of accused. o - Adjournment granted as Prayed.
Next Purpose: PART HEARD
Next Hearing Date: 27-02-2023
Date: 27-02-2023
Business: Complainant Present. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused present.
Exh - 35 - App for exemption on behalf of accused. O - Granted.
Exh - 36 - App for adjournment on behalf of accused. O - Other side to say.
O - No proper reasons for adjournment, hence rejected.
Exh.No. 15 contd. Page No.07.
On S.A.further-in-chief of Shobha Patil by Advocate I S. Pawar for the complainant.
I have filed my affidavit of examination-in-chief which bears my signature, contents are true and correct, it is at Exh-15.
I have filed documents along with list at Exh- 16
Accused and Ld.Adv. for accused are absent. Exemption application is filed on behalf of accused.
Exh. 37 to 39 - Receipts.
Exh - 40 - Bank statement .
Exh - 41 to 44 - Original cheque.
Exh - 45 to 48 - Cheque returned memo.
Exh - 49 - Office copy of demand notice.
Exh - 50 and 51 - Postal receipt.
Exh - 52 - A.D.Card.
Exh - 53 - Returned envelope
Cross-examination by Adv. for accused.
( Inspite of opportunity given, accused failed to conduct cross. hence matter to proceed without cross-examination. )
Exh - 54 - Closing purses by complainant. O - Seen.
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 11-04-2023
Date: 11-04-2023
Business: Complainant Present. Ld Adv. for complainant present.
Accused Present. Ld Adv. for accused absent.
Exh - 55 - Statement of accused u/sec 313 of Cr.P.C. recorded.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 26-04-2023
Date: 26-04-2023
Business: Complainant absent. Ld Adv. for complainant present.
Exh - 56 - Written argument on behalf of complainant. O - Seen.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 15-05-2023
Date: 15-05-2023
Business: Metropolitan Magistrate is on Concession leave, charge with Ld. Metropolitan Magistrate, Railway Mobile Court, Andheri, Mumbai.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 29-05-2023
Date: 29-05-2023
Business: Both parties and their Adv. absent.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 13-06-2023
Date: 13-06-2023
Business: Both Parties absent. Case is adjourned next date
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 17-07-2023
Date: 17-07-2023
Business: Complainant absent. Ld Adv. for complainant present.
Accused Present. Ld Adv. for accused absent.
Order below Exh-1
Today case is fixed for final argument. Complainant has argued in this matter.
Inspite of opportunity is given, accused has failed to argue in this matter. Still, one more last chance is granted to accused for his argument either written or orally, else matter will be proceed without his argument and judgment will be pronounced on next date.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 10-08-2023
Date: 10-08-2023
Business: Complainant absent. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused absent.
Next Purpose: JUDGEMENT 2.45 P.M.
Next Hearing Date: 05-09-2023
Date: 05-09-2023
Business: Complainant absent. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused absent.
Next Purpose: JUDGEMENT 2.45 P.M.
Next Hearing Date: 08-09-2023
Date: 08-09-2023
Business: Complainant absent. Ld Adv for Complainant Present. Accused absent. Ld. Adv for accused absent.
Order Below Exh-57
i. The accused No. 1 Vijay Sitaram Shelar- proprietor of accused No. 2 M/s. Shree Samarth Enterprises 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 No. 1 is sentenced to suffer simple imprisonment for period of Six months and he shall pay compensation of Rs. 3,50,000/- (Rs. Three Lacs Fifty Thousand) to the complainant vide Section 357(3) of the Code of Criminal Procedure, in default of payment of compensation, accused shall suffer further simple imprisonment for the period of one month.
iii. The amount of compensation realized from the accused No. 1, 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. 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.
vii. The copy of this Judgment shall be send to the convicted accused, free of cost, immediately after it is prepared, in view of section 363(1) of the Code of Criminal Procedure, 1973.
viii. Dictated and pronounced in open court.
Nature Of Disposal: CONVICTED
Disposal Date: 08-09-2023
