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RECONS DISTRIBUTIONS PVT. LTDVsMR. HABIB RANALVALA +1 more

CNR MHMM19000809201848-Judicial Magistrate (First Class), 48th Court
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Contested--WITHDRAWN DURING OR AFTER EVIDENCE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

0

No advocate information is available in this record.

Parties

3

Acts & Sections

1
Representation 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

1
Final Order 1
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
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