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Summons Private cases SS

M/S. BEST PETROLEUMVsRAHUL BULK CARRIER +2 more

CNR MHMM19000959201948-Judicial Magistrate (First Class), 48th Court
CASE DISPOSED
Contested--ACQUITTED
Decision Date: 03rd May 2023

TrustJury record updated 29 Sept 2026

Case Overview

Registration Number
211/2019
Registration Date
18 Jan 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    4

    Acts & Sections

    1
    NEGOTIABLE INSTRUMENTS ACT · Sec 138

    Case History / Proceedings

    Case History
    Date: 22-04-2019
    
    Date: 21-06-2019
    
    Date: 22-07-2019
    
    Date: 20-09-2019
    
    Date: 16-03-2020
    
    Date: 19-08-2020
    
    Date: 07-11-2020
    
    Date: 23-04-2021
    
    Date: 11-08-2021
    
    Date: 28-10-2021
    
    Date: 17-11-2021
    
    Date: 16-12-2021
    
    Date: 03-01-2022
    
    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. 65 - 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. - 66 - Accused absent and exempted. Ld. Adv. for accused present. Cross Examination of Ketan Desai on Exh. - 10 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 - 67 - App for adjournment. O - granted.
    Exh - 68 - App for exemption of accused. O - Granted.
    Exh - 69 - 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 - 67 -App for production of document. O - Allowed as prayed.
    Exh - 68 - List of document.
    O - Accused to say.
    Exh - 69 - App for exemption of accused no-2 and 3.
    Exh - 70 - 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. 71 - E-mail dt. 24-04-2018.
    Cross-examination is over.
    No re-examination.
    Exh. No. 72 - 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 - 73 - Evidence close purses.
    For statement of u/sec 313 Cr.P.C
    Next Purpose: FOR STATEMENT U/sec 313
    Next Hearing Date: 29-08-2022
    
    Date: 29-08-2022
    
    Date: 01-10-2022
    Business: Complainant Present. Ld Adv. for complainant present.
    Accused absent. Ld Adv. for accused absent.
    Order below Exh - 73 -
    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: FOR ARGUMENTS
    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 - 75 - 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 - 76. 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 - 77 - 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 - 80 - App or production of document. O - Allowed.
    Exh - 81 - List of document. O - Say of accused.
    Exh - 82 - 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. - 83 - Accused No. 03 absent and exempted. Accused No. 02 present. Ld. Adv. for accused nos. 02 and 03 present. Exh. - 84 - 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.85.
    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 - 89 - App for exemption on behalf of accused. O - Granted.
    Exh - 90 - 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 - 91 - App for exemption on behalf of accused. O - Granted.
    Exh - 92 - App for adjournment on behalf of complainant. o - Adjournment granted as a last chance
    Exh - 93 - 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 - 94 - App for exemption on behalf of accused. O - Granted.
    Exh - 95 - 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 - 96
    1]	Accused No. 2. Mr. Amarnath Bhatia- proprietor of accused no. 1. Rahul Bulk Carrier and accused No. 3	Mr. Rahul Amarnath Bhatia are hereby acquitted vide Section 255(1) of Criminal Procedure code for an offence punishable under Section 138 of the Negotiable Instruments Act.
    2]   Bail bond of accused stands cancelled.
    3]  Accused shall execute P.R. Bond of Rs. 15,000/- each, 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.
    
    (Judgment is dictated and pronounced in open court.)
    Nature Of Disposal: ACQUITTED
    Disposal Date: 03-05-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 1154/2019
    Filing Date: 18-01-2019
    First Hearing Date: 18th January 2019
    Decision Date: 03rd May 2023
    Court Number And Judge: 48-Judicial Magistrate (First Class), 48th Court

    Orders

    1
    Final Order 1Full order available
    03 May 2023

    Order Details: Copy of Judgment Pdf Text: 1 C. C. No. 211/SS/2019 Filed on : 18/01/2019 Registered on : 18/01/2019 Decided on : 03/05/2023 Duration : 04Y. 03M. 15D. IN THE COURT OF METROPOLITAN MAGISTRATE 48TH COURT ANDHERI MUMBAI (Presided over by K. G. Sawant) Case No. 211/SS/2019 CNR: MHMM190009592019 Exh. No. M/s. BEST Petroleum. (A Division of Roadways Ltd.) A Company Incorporated under the Companies Act 1956, having its Corporate office at C505, Pramukh Plaza, 5 th Floor, Andheri…

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