Date: 22-04-2019
Business: Adv. for compt. pt. Ex. 4-Appln. for taking on record court fee deface challan. for verification.
Next Purpose: FOR VERIFICATION
Next Hearing Date: 21-06-2019
Date: 21-06-2019
Business: Compt. pt. Adv. pt. Ex.5-Verification. Ex.6-Pursis u/s.202 of Cr.P.C. Documents verified. Keep for arg.
Next Purpose: FOR VERIFICATION
Next Hearing Date: 22-07-2019
Date: 22-07-2019
Business: complainant absent his adv. present.
Arg. heard, for order.
Next Purpose: FOR VERIFICATION
Next Hearing Date: 20-09-2019
Date: 20-09-2019
Business: Adv. for compt. pt. Order passed below Ex.1-Process issued.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 16-03-2020
Date: 16-03-2020
Business: Adv for complt ab.
For steps.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 19-08-2020
Date: 19-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 07-11-2020
Date: 07-11-2020
Business: Board discharged
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 23-04-2021
Date: 23-04-2021
Business: Court is Vacant. Charge with Ld. M. M. 63rd Court. Board Discharged.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 12-08-2021
Date: 12-08-2021
Business: Complainant absent. Ld. Adv. for complainant present. Accused Nos. 01 and 03 absent. Ld. Adv. for accused Nos. 01 and 03 absent. Exh. - 07 - An application by the Ld. Adv. for the complainant for issuance of BWT against the accused in view of the same it is directed to issue BWT of Rs. 10000/- against the accused. For steps.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 28-10-2021
Date: 28-10-2021
Business: Complainant and his advocate present.
Accused and his advocate present.
Exh. No. 8 - Vakalatnama. O - Seen.
Exh. No. 9 - An application for bail of accused no. 2 and 3. O - Accused no. 2 and 3 be released on bail by executing PR bond of Rs. 15000/- each on depositing cash security of Rs. 5000/- each.
Exh. No. 10 - Bond of Accused no. 2.
Exh. No. 11 - Bond of Accused no. 3.
Exh. No. 12 - Plea of accused.
For evidence.
Next Purpose: FOR HEARING AT 2.45 P.M.
Next Hearing Date: 17-11-2021
Date: 17-11-2021
Business: Complainant and his advocate present.
Accused absent. Advocate for accused present.
Exh. No. 13 - Examination in chief. O - Read and recorded.
Exh. No. 14 - List of document. O - Accused to say about admissibility of document.
Exh. No. 15 - An application for exemption of accused no. 2 and 3. O - Granted for today.
For further examination in chief.
Next Purpose: PART HEARD AT 2.45P.M.
Next Hearing Date: 16-12-2021
Date: 16-12-2021
Business: AS PER ROZNAMA
Next Purpose: PART HEARD AT 2.45P.M.
Next Hearing Date: 03-01-2022
Date: 03-01-2022
Business: Complainant and his Adv. present.
Accused absent. Adv. for accused present.
Exh. No. 18 - An application by Adv. for accused for exemption. O - Granted for today only.
On S. A. further examination-in-chief of complainant by adv. for complainant.
Exh. No. 19 to 47 - 29 bills of different dates.
Exh.No. 48 - Notice dt. 19-05-2018.
Exh. No. 49 - Postal receipt.
Exh. No. 50 - A. D. card.
Exh. No. 51 to 53 - Three original cheques.
Exh. No. 54 to 56 - Three cheque return memos.
Exh. No. 57 - Office copy of notice.
Exh. No. 58 to 60 - Three acknowledgment card.
Exh. No. 61 - Reply from accused.
Exh. No. 62 - Certificate U/sec. 65 B of evidence act.
Cross-examination by Adv. for accused.
On Oral request of Adv. for accused, matter is adjourned for cross-examination till next date.
Matter is fixed on 25-01-2022, in 2nd session.
Next Purpose: PART HEARD AT 2.45P.M.
Next Hearing Date: 25-01-2022
Date: 25-01-2022
Business: Adv. for complainant present.
Adv. for accused present.
Next Purpose: PART HEARD AT 2.45P.M.
Next Hearing Date: 07-02-2022
Date: 07-02-2022
Business: Declaration of Holiday on Monday 07th February 2022 O. W. No. RG/1611/9/2022 dt. 06Th February 2022 from Registrar General High Court, Bombay. Case Adj
Next Purpose: PART HEARD AT 2.45P.M.
Next Hearing Date: 15-03-2022
Date: 15-03-2022
Business: Adv. for complainant present.
Adv. for accused present.
Exh. No. 63 - An application by Adv. for accused for exemption. O - Granted.
On Oral request by Adv. for both parties matter is adjourned for settlement.
Next Purpose: PART HEARD AT 2.45P.M.
Next Hearing Date: 13-04-2022
Date: 13-04-2022
Business: Complainant present with advocate. Exh. - 64 - Accused absent and exempted. Ld. Adv. for accused present. Cross Examination of Ketan Desai on Exh. - 13 by Ld. Adv. Tanuja Patil for the accused on S. A. Further cross examination is deferred till next date
Next Purpose: PART HEARD AT 2.45P.M.
Next Hearing Date: 09-05-2022
Date: 09-05-2022
Business: Complainant absent. Ld. Adv. for complainant present. Accused absent. Ld. Adv. for accused present.
Exh - 65 - App for adjournment. O - granted.
Exh - 66 - App for exemption of accused. O - Granted.
Exh - 67 - App for Adjournment of accused. O - Granted.
Next Purpose: PART HEARD AT 2.45P.M.
Next Hearing Date: 17-06-2022
Date: 17-06-2022
Business: Complainant present. Ld. Adv. For Complainant present. Accused absent Ld. Adv. for accused Present.
Exh - 65 -App for production of document. O - Allowed as prayed.
Exh - 66 - List of document.
O - Accused to say.
Exh - 67 - App for exemption of accused no-2 and 3.
Exh - 68 - App for Adjournment.
O - Adjournment as a last chance.
Next Purpose: PART HEARD AT 2.45P.M.
Next Hearing Date: 11-07-2022
Date: 11-07-2022
Business: Complainant and his Adv. present.
Accused absent. Adv. for accused present.
On S. A. further cross-examination of Ketan Desai by Adv. Tanuja Patil for accused.
Exh. No. 69 - E-mail dt. 24-04-2018.
Cross-examination is over.
No re-examination.
Exh. No. 70 - An application by Adv. for accused for exemption. O - Granted for today only.
For further evidence.
Next Purpose: PART HEARD AT 2.45P.M.
Next Hearing Date: 08-08-2022
Date: 08-08-2022
Business: Complainant present. Ld. Adv. for complainant present. Exh - 71 - Evidence close purses.
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 29-08-2022
Date: 29-08-2022
Business: Adv. for complainant present.
Accused and his Adv. present.
Exh. No. 72 - Statement U/sec. 313 of Cr. P. C. of Accused No. 2.
Exh. No. 73 - Statement U/sec. 313 of Cr. P. C. of Accused No. 3.
Matter is fixed for defence evidence.
Next Purpose: PART HEARD
Next Hearing Date: 01-10-2022
Date: 01-10-2022
Business: Complainant Present. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused absent.
Order below Exh - 71 -
Today matter is fixed for defense evidence. Accused and his advocate are absent when called. Ld Advocate for complainant filed this application and prayed to close the evidence of accused. Inspite of opportunity given, accused has failed to adduce evidence, hence evidence of accused is closed and case is fixed for final argument on next date.
Next Purpose: PART HEARD
Next Hearing Date: 31-10-2022
Date: 31-10-2022
Business: Complainant Present. Ld Adv. for complainant present.
Accused Present. Ld Adv. for accused present.
Exh - 73-A - App to set aside order of closing of defense evidence and recalling of witness u/sec 311 of Cr.P.C.
O - Other side to say.
Exh - 74. Page no-1.
In view of order passed below Exh-1, permission granted to accused to dead defense evidence.
Deposition of Witness No-1 on behalf of accused.
On S.A. Examination-in-chief by Advocate Tanuja Patil for the accused.
Cross-examination is over.
No Re-examination.
Exh - 75 - List of document.
Next Purpose: PART HEARD
Next Hearing Date: 14-11-2022
Date: 14-11-2022
Business: Complainant Present. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused present.
Exh - 78 - App or production of document. O - Allowed.
Exh - 79 - List of document. O - Say of accused.
Exh - 80 - Application for exemption on behalf of accused. O - Granted.
Next Purpose: PART HEARD
Next Hearing Date: 03-12-2022
Date: 03-12-2022
Business: Complainant absent. Ld. Adv. for complainant present. Exh. - 81 - Accused No. 03 absent and exempted. Accused No. 02 present. Ld. Adv. for accused nos. 02 and 03 present. Exh. - 82 - Adjournment application filed by Ld. Adv. for accused is granted as last chance.
Next Purpose: PART HEARD
Next Hearing Date: 13-01-2023
Date: 13-01-2023
Business: Complainant Present. Ld Adv. for complainant present.
Accused Present. Ld Adv. for accused present.
Exh.No.83.
Deposition of witness no.2 on behalf of accused.
On S.A.Examination-in-chief by Advocate Tanuja Patil for the accused.
Cross-examination by Adv. Riddhi Gada for complainant.
( Cross-examination is over, No re-examination. ) R.O.A.C.
Next Purpose: PART HEARD
Next Hearing Date: 16-02-2023
Date: 16-02-2023
Business: Complainant absent. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused present.
Exh - 87 - App for exemption on behalf of accused. O - Granted.
Exh - 88 - Purses for closing evidence.
O - Seen.
Next Purpose: PART HEARD
Next Hearing Date: 13-03-2023
Date: 13-03-2023
Business: Complainant Present. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused present.
Exh - 89 - App for exemption on behalf of accused. O - Granted.
Exh - 90 - App for adjournment on behalf of complainant. o - Adjournment granted as a last chance
Exh - 91 - Common written argument of the complainant. O - Seen
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 31-03-2023
Date: 31-03-2023
Business: Complainant absent. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused present.
Exh - 92 - App for exemption on behalf of accused. O - Granted.
Exh - 93 - Written arguments of the accused no-1,2,3 NI Act.
O - Seen.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 03-05-2023
Date: 03-05-2023
Business: Complainant Present. Ld. Adv. for complainant Present. Accused Present.
Ld. for accused Present.
order Below Exh - 94
i. The accused No. 2 Mr. Amarnath Bhatia- Proprietor of accused No. 1 Rahul Bulk Carrier 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. The accused no. 3. Mr. Rahul Amarnath Bhatia is hereby acquitted for the offence punishable U/s. 138 of N.I. Act vide Section 255 (1) of Code of Criminal Procedure, 1973.
ii. Accused No. 2 is hereby sentenced to suffer simple imprisonment for period of Six months and to pay compensation of Rs. 5,00,000/- (Rs. Five Lacs Only) to the complainant, vide Section 357(3) of the Code of Criminal Procedure along with 9% Simple interest on the said amount from the date of issuance of cheque till actual payment. Accused shall pay above amount of compensation within two months from today, in default of payment of compensation, accused shall suffer simple imprisonment for the period of Six month.
iv. The amount of compensation realized from the accused No. 2, shall be paid to the complainant, subject to expiry of the appeal period or the orders of Honourable Appellate Court (if any).
v. Accused No. 2 to surrender his bail bonds and bail bond of accused no. 3 stands canceled.
vi. No question of set-off under section 428 of the Code of Criminal Procedure, 1973, as the accused No. 1 has not spent any period in the custody during the trial.
vii. The copy of this Judgment be provided free of cost to the accused No. 2, immediately after it is prepared, in view of section 363(1) of the Code of Criminal Procedure, 1973.
viii. Accused No. 2 is informed about having his right to prefer appeal against this judgment within a statutory period before Hon\''ble Sessions Court.
ix. Accused No. 3, shall execute P.R. Bond of Rs. 15,000/-, to appear before the Higher Court as and when such court issues notice in respect of any appeal or petition filed against this judgment, vide section 437 (A) of the Code of Criminal Procedure. Said bail bonds shall be in force for Six Months.
x. Dictated and pronounced in open court.
Nature Of Disposal: CONVICTED
Disposal Date: 03-05-2023
