Summons Private cases SS
RECONS DISTRIBUTIONS PVT. LTDVsMR. HABIB RANALVALA +1 more
CNR MHMM19000809201848-Judicial Magistrate (First Class), 48th Court
Metropolitan Magistrate, Andheri, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--WITHDRAWN DURING OR AFTER EVIDENCE
Decision Date: 03rd March 2024
TrustJury record updated 22 Sept 2026
Case Overview
- Registration Number
- 477/2018
- Registration Date
- 29 Jan 2018
Advocates
0No advocate information is available in this record.
Parties
3Petitioner
Respondent
Acts & Sections
1Representation of the People Act · Sec 138
Case History / Proceedings
Case History
Date: 17-04-2018 Business: Ld. M.M. is on leave. Board discharged. Next Purpose: FOR VERIFICATION Next Hearing Date: 03-08-2018 Date: 03-08-2018 Business: Ld. M.M. is on leave. Board discharged. Next Purpose: FOR VERIFICATION Next Hearing Date: 04-10-2018 Date: 04-10-2018 Business: Adv. for compt. present. Ex.5-VP Ex.6-Appln. for exemption of compt. and adjournment-Allowed subject to cost of Rs.1000/- to State. cost paid. Next Purpose: FOR VERIFICATION Next Hearing Date: 28-12-2018 Date: 28-12-2018 Business: Compt. pt. with Adv. Ex.7-Appln. for affixing court fee-Allowed. Ex. 8-Verificatin. Documents verified. Order passed below Ex.1-Process issued. Next Purpose: FOR VERIFICATION Next Hearing Date: 23-08-2019 Date: 23-08-2019 Business: As 23-8-2019 declared holiday on account of Gokulashtami. Board discharged. Next Purpose: FOR VERIFICATION Next Hearing Date: 05-11-2019 Date: 05-11-2019 Business: Adv. for compt. pt. Adv. for accd. ab. Ex.9-Appln. for fresh summons on new address- Issue. for report. Next Purpose: NOT HEARD AT 2.45 P.M. Next Hearing Date: 17-03-2020 Date: 17-03-2020 Business: Ld. MM is on Jail Visit Charged with MM 63rd Court Next Purpose: NOT HEARD AT 2.45 P.M. Next Hearing Date: 25-06-2020 Date: 25-06-2020 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: NOT HEARD AT 2.45 P.M. Next Hearing Date: 06-10-2020 Date: 06-10-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: NOT HEARD AT 2.45 P.M. Next Hearing Date: 18-01-2021 Date: 18-01-2021 Business: Court is vacant. Board discharged. Next Purpose: NOT HEARD AT 2.45 P.M. Next Hearing Date: 15-04-2021 Date: 15-04-2021 Business: As per Office Order No. ESTT.16/678/2021, C.M.M., Esplanade, Mumbai, Dt. 12-04-2021, Board Discharged. Next Purpose: NOT HEARD AT 2.45 P.M. Next Hearing Date: 04-08-2021 Date: 04-08-2021 Business: Ld. Adv. for complainant present. Next Purpose: NOT HEARD AT 2.45 P.M. Next Hearing Date: 08-09-2021 Date: 08-09-2021 Business: Complainant and his advocate present. Exh. No. 10 - An application for fresh summons on new address. O - Reissue summons as prayed. For Report and steps. Next Purpose: NOT HEARD AT 2.45 P.M. Next Hearing Date: 20-12-2021 Date: 20-12-2021 Business: Complainant absent. Ld. Adv. for the complainant present. Accused and Ld. Adv. for accused absent. Exh. - 11 - An application by the Ld. Adv. for the complainant for issuance of fresh summons against accused and the same is allowed. For steps. Next Purpose: NOT HEARD AT 2.45 P.M. Next Hearing Date: 15-03-2022 Date: 15-03-2022 Business: Complainant absent and his Adv. present. Accused and his Adv. absent. Exh. no. 12 - An application by Adv. for complainant for issuing warrant against accused. O - Issue BWT of Rs. 10,000/- against accused. For report and steps. Next Purpose: NOT HEARD AT 2.45 P.M. Next Hearing Date: 22-04-2022 Date: 22-04-2022 Business: Complainant absent. Ld. Adv. for complainant present. Next Purpose: NOT HEARD AT 2.45 P.M. Next Hearing Date: 20-08-2022 Date: 20-08-2022 Business: Adv. for complainant present. Accused and his Adv. present. Exh. No. 14 - V. P. filed by Adv. for accused. O - Seen. Exh. No. 15 - An application by Adv. for accused for cancellation of warrant. O - NBW against accused stands cancelled subject to penalty of Rs. 1000/-. Exh. No. 16 - An application by Adv. for accused for bail. O - Accused is released on bail on executing PR bond of Rs. 15000/- and on depositing cash security of Rs. 5000/-. Exh. No. 17 - PR and cash bond of accused. Exh. No. 18 - Plea of accused. Matter is fixed for evidence on 01/10/2022 in 1st session. Next Purpose: FOR HEARING Next Hearing Date: 01-10-2022 Date: 01-10-2022 Business: Complainant absent. Ld Adv. for complainant present. Accused absent. Ld Adv. for accused present. Exh - 19 - App seeking order 20 percent of the cheque amount. O - Other side to say. Next Purpose: FOR HEARING Next Hearing Date: 15-10-2022 Date: 15-10-2022 Business: Complainant Present. Ld Adv. for complainant present. Accused absent. Ld Adv. for accused present. Exh -20 - Replay of the accused to app of 143-A. O - Seen. Exh - 21 - Affidavit of evidence of the complainant u/sec 145 of the NI Act. O - Read and Record. Exh - 22 - List of document. O - Accused to say about admissibility of document. Exh - 23 - App for exemption on behalf of accused. O - Granted. Next Purpose: PART HEARD Next Hearing Date: 02-12-2022 Date: 02-12-2022 Business: Complainant Present. Ld Adv. for complainant present. Accused absent. Ld Adv. for accused present. Exh. No. 21 contd. Page No-09. On S.A. further examination-in-chief of Shankar Mahendrakar by Adv. Deepika Ved for the complainant. Exh - 21 - affidavit of examination-in-chief, contents true and correct. Exh - 22 - filed document along with list. Ld. Advocate P.C.Mishra for accused has denied all the documents and raised objection to give exhibit numbers. Exh - 24 - Resolution. Exh - 25 to 31 - Tax Invoices. Exh - 32 to 40 - Nine Original cheque Article-A (colly) - Nine Cheque returned memo. Exh - 41 - Office copy of demand notice. Exh - 42 and 43 - Returned envelope. Cross-examination by Adv. P.C. Mishra for accused. (On oral request of advocate for accused, matter is adjourned for cross-examination till next date.) Exh - 44 - App for exemption on behalf of accused. O - Granted for today only. Next Purpose: PART HEARD Next Hearing Date: 10-01-2023 Date: 10-01-2023 Business: Complainant Present. Ld Adv. for complainant present. Accused absent. Ld Adv. for accused present. Exh - 45 - App for exemption and adjournment on behalf of accused. O - Adjournment granted as a last chance. Next Purpose: PART HEARD Next Hearing Date: 10-02-2023 Date: 10-02-2023 Business: Complainant Present. Ld Adv. for complainant present. Accused absent. Ld Adv. for accused absent. Exh - 46 - Purses of closing evidence. O - Seen. Exh - 47 - App for issue of warrant against accused. O - Accused absent issue NBW against accused Next Purpose: FOR STATEMENT U/sec 313 Next Hearing Date: 17-03-2023 Date: 17-03-2023 Business: Complainant Present. Ld Adv. for complainant absent. Accused Present. Ld Adv. for accused present. Exh - 48 - App for cancellation of warrant O - NBW against accused stand cancelled subject to penalty of Rs.1000/- Next Purpose: FOR STATEMENT U/sec 313 Next Hearing Date: 26-04-2023 Date: 26-04-2023 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: 21-06-2023 Date: 21-06-2023 Business: Complainant Present. Ld Adv. for complainant present. Accused absent. Ld Adv. for accused absent. Exh - 49 - App for exemption on behalf of accused. O - Granted. Next Purpose: FOR STATEMENT U/sec 313 Next Hearing Date: 24-07-2023 Date: 24-07-2023 Business: Complainant absent. Ld Adv. for complainant present. Accused absent. Ld Adv. for accused absent. Order below Exh-1 Today matter is pending for recording statement of accused u/sec 313 of Cr.P.C. it appears that accused are absent since long. Case is of years 2020. Ld. Advocate for accused has partly conducted cross-examination on the part of accused by thereafter accused has failed to appear to record her statements u/sec 313 of Cr.P.C. By way of this application, complainant has prayed to dispensed with statement of accused u/sec 313 of Cr.P.C. 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 Hon&#039ble 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: 16-10-2023 Date: 16-10-2023 Business: Complainant absent. Ld Adv. for complainant present. Next Purpose: FOR ARGUMENTS Next Hearing Date: 06-11-2023 Date: 06-11-2023 Business: Complainant absent. Ld Adv. for complainant present. On Oral request of Ld Adv. for complainant for Settlement case is adjourned next date Next Purpose: FOR ARGUMENTS Next Hearing Date: 09-01-2024 Date: 09-01-2024 Business: Complainant absent. Ld Adv. for complainant present. For settlement Next Purpose: FOR ARGUMENTS Next Hearing Date: 03-03-2024 Date: 03-03-2024 Business: The case is placed before Lok-nyayalay. In view of order passed below Exh.No. 1. Case is disposed off in Lok Adalat. Nature Of Disposal: WITHDRAWN DURING OR AFTER EVIDENCE Disposal Date: 03-03-2024
Additional Case Details
Additional Case Details
Filing Number: 1361/2018 Filing Date: 29-01-2018 First Hearing Date: 17th April 2018 Decision Date: 03rd March 2024 Court Number And Judge: 48-Judicial Magistrate (First Class), 48th Court
Orders
1Final Order 103 Mar 2024
03 Mar 2024
Order Details: Copy of Judgment Pdf Text: ORDER BELOW EXH.-1 The Complainant is present. Matter is settled between the parties in Lok-Adalat. Accordingly accused acquitted. Bail bonds, if any, stands cancelled. The case stands disposed off in Lok-Adalat. The complainant is entitled to get refund of full court fees amount, if paid, i.e. 100% as per the provision of section 89 of Cr. P. C. Sd/- (K. G. Sawant) Metropolitan Magistrate 48th Court, Andheri, Mumbai 03/03/2024 -- 1 of 1 --
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