Date: 05-06-2018
Business: Adv. for compt. absent. NO appln. on record. keep for dismissal order.
Next Purpose: FOR VERIFICATION
Next Hearing Date: 20-10-2018
Date: 20-10-2018
Business: Ld. M.M. is on leave. Board discharged.
Next Purpose: FOR VERIFICATION
Next Hearing Date: 15-12-2018
Date: 15-12-2018
Business: complainant present his adv. present.
accused absent.
Next Purpose: FOR VERIFICATION
Next Hearing Date: 16-07-2019
Date: 16-07-2019
Business: Adv. for compt. absent. for steps.
Next Purpose: FOR VERIFICATION
Next Hearing Date: 20-01-2020
Date: 20-01-2020
Business: LD.M.M. IS ON LEAVE. CHARGE WITH LD. M.M. 63RD COURT. BOARD DISCHARGED.
Next Purpose: FOR VERIFICATION
Next Hearing Date: 22-04-2020
Date: 22-04-2020
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: FOR VERIFICATION
Next Hearing Date: 09-07-2020
Date: 09-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR VERIFICATION
Next Hearing Date: 30-09-2020
Date: 30-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR VERIFICATION
Next Hearing Date: 01-03-2021
Date: 01-03-2021
Business: Court is Vacant. Board discharged.
Next Purpose: FOR VERIFICATION
Next Hearing Date: 21-06-2021
Date: 21-06-2021
Business: Both parties absent
Next Purpose: FOR VERIFICATION
Next Hearing Date: 09-09-2021
Date: 09-09-2021
Business: Complainant present his adv. present Order below Exh-01 Issue process against accused. for report.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 29-11-2021
Date: 29-11-2021
Business: Accused absent his Adv. present.
Exh. No. 7 - Vakalatnama. O - filed.
Exh. No. 8 - An application by Adv. for accused for exemption. O - Granted for today only.
For bail and plea.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 15-12-2021
Date: 15-12-2021
Business: Complainant present his adv. present accused present his adv. present Exh-09 Application for bail O- Accused is released on PR and cash of Rs 50000/-
Exh-10 Application u/s. 143A of N.I. Act to direct the accused to pay 20 present of dishnoured cheque amounts. O- s. s to say.
Exh-11 bond of accused.
Exh-12 Plea of Accused. for evidence.
Next Purpose: FOR HEARING
Next Hearing Date: 03-01-2022
Date: 03-01-2022
Business: Complainant and his Adv. absent.
Accused and his Adv. present.
Exh. No. 13 - Reply on behalf of accused to the application dt. 15-12-2021 filed by complainant. O - Seen.
For Evidence.
Matter is fixed on 25-01-2022, in 1st session.
Next Purpose: FOR HEARING
Next Hearing Date: 25-01-2022
Date: 25-01-2022
Business: Adv. for complainant present.
For evidence.
Next Purpose: FOR HEARING
Next Hearing Date: 10-02-2022
Date: 10-02-2022
Business: Complainant present with advocate. Accused absent. Ld. Adv. for complainant present. Exh. - 14 - Affidavit of evidence of Satyanarayan Babulalji Trivedi is read and recorded. Exh. - 15 - List of documents. - O - Accused to say about admissibility of documents. For further chief and cross examination.
Next Purpose: PART HEARD
Next Hearing Date: 28-02-2022
Date: 28-02-2022
Business: Complainant and his Adv. present.
Adv. for accused present.
On S. A. further examination in chief of Satyanarayan Trivedi by Adv. for complainant.
Ld. Adv. for accused has denied all the documents and raised objection to give exhibit numbers to the documents.
Exh. No. 16 and 17 - Two Original cheques.
Exh. No. 18 and Article A - Two cheque returned memos.
Exh. No. 19 - Office copy of notice.
Exh. No. 20 - Postal receipt.
Exh. No. 21 - Sealed envelope returned from the post with endorsement \\\''unclaimed and Intimated\\\''.
Exh. No. 22 - Notice from the envelope.
Cross-examination by Adv. Subhash Upadhayay for accused.
On Oral request of Adv. for accused, matter is adjourned for cross-examination till next date.
Next Purpose: PART HEARD
Next Hearing Date: 11-03-2022
Date: 11-03-2022
Business: Complainant present. Accused absent. Ld.Adv. for accused present. Adjournment application of accused is granted subject to cost of Rs. 1000/-
Next Purpose: PART HEARD
Next Hearing Date: 28-03-2022
Date: 28-03-2022
Business: Complainant and his Adv. present.
Accused and his Adv. present.
On S. A. cross-examination of Satyanarayan Trivedi by Adv. Subhash Upadhayay for accused.
Cross-examination is over.
No re-examination.
Next Purpose: PART HEARD
Next Hearing Date: 06-04-2022
Date: 06-04-2022
Business: Adv. for complainant present.
Adv. for accused present.
Exh. No. 23 - An application on behalf of complainant for production of Bank passbook and its statement. O - Accused to say about admissibility of document. O - Allowed to produce on record and Ld. Adv. for accused has no objection. Hence, it be exhibited.
Exh. No. 24 - List of documents. O - Seen.
Exh. No. 25 - Bank pass book.
Exh. No. 26 - Evidence closing pursis by Adv. for complainant. O - Seen.
Matter is fixed for statement U/sec. 313 of accused.
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 28-04-2022
Date: 28-04-2022
Business: Complainant present. Ld. Adv. for complainant present.
Accused Present. Ld. Adv. for accused present.
Exh - 27 - Statement of Accused U/sec 313 Cr.P.C.
Exh - 28 - Purses. O - Accused to say.
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 08-06-2022
Date: 08-06-2022
Business: Both parties and their Adv. absent.
For statement of accused.
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 07-07-2022
Date: 07-07-2022
Business: Ld. Metropolitan Magistrate, 48th Court, Andheri, Mumbai is on leave charge is with Ld. Metropolitan Magistrate, 63rd Court, Andheri, Mumbai. Board Discharged.
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 04-08-2022
Date: 04-08-2022
Business: Ld. Metropolitan Magistrate, 48th Court, Andheri, Mumbai is on leave in 1st session, charge is with Ld. Metropolitan Magistrate, 10th Court, Andheri, Mumbai. Board Discharged.
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 02-09-2022
Date: 02-09-2022
Business: Adv. for complainant present.
Adv. for accused present.
Exh. No. 29 - An application by Adv. for complainant U/sec. 311 of Cr. P. C. O - O. S. to say.
For say and order on Exh. No. 29.
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 19-09-2022
Date: 19-09-2022
Business: Complainant absent. Ld Adv. for Complainant Present.
Accused Present. Ld Adv. for accused present.
Exh - 30 - App on behalf of complainant for production of original bank return memo for dishonor of cheque no-749417.
O - Accused to say.
Next Purpose: PART HEARD
Next Hearing Date: 12-10-2022
Date: 12-10-2022
Business: Complainant Present. 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: 31-10-2022
Date: 31-10-2022
Business: Complainant absent. Ld Adv. for complainant present.
Accused Present. Ld Adv. for accused present.
Order below Exh-30 -
Heard both side and gone though record compliant has produced on record the memo having seal of the bank. Adv. for accused has submitted though court may appropriate order, but he did not file say. considering seal on the memo, application is allowed and memo filed on record be Exhibited.
Exh - 31 - Bank seal
Exh - 32 - Statement of account.
Exh - 33 - Purses. O - Seen.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 28-11-2022
Date: 28-11-2022
Business: Complainant absent. Ld Adv. for complainant present.
Accused Present. Ld Adv. for accused absent.
Exh - 34 - Written argument on behalf of the complainant. O - Seen.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 13-12-2022
Date: 13-12-2022
Business: Complainant absent. Ld Adv. for complainant absent.
Accused Present. Ld Adv. for accused absent.
Order below Exh - 1
Today case is fixed for final argument. Complainant has already filed on record his written notes of arguments. Today accused is present. Inspite of opportunity is given accused has failed to argue 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: 07-01-2023
Date: 07-01-2023
Business: Complainant absent. Ld Adv. for complainant present.
Accused Present. Ld Adv. for accused present.
for oral arguments
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 04-02-2023
Date: 04-02-2023
Business: Complainant Present. 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: FOR ARGUMENTS
Next Hearing Date: 18-02-2023
Date: 18-02-2023
Business: Complainant present and Ld. Adv. for complainant Present. Accused present and Ld. Adv. for accused present.
ORDER Below Exh - 35
i. The accused Mr. Yogesh Kantilal Tadgamwala 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 is hereby sentenced to suffer simple imprisonment for period of Six months and to pay compensation of Rs. 3,50,000/- (Rs. Three Lacs Fifty Thousand Only) to the complainant, vide Section 357(3) of the Code of Criminal Procedure. Accused shall pay above amount of compensation within two months from today, 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, 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. The copy of this Judgment be provided free of cost to the accused, immediately after it is prepared, in view of section 363(1) of the Code of Criminal Procedure, 1973.
vii. Accused is informed about having his right to prefer appeal against this judgment within a statutory period before Hon\''ble Sessions Court.
viii. Dictated and pronounced in open court.
Nature Of Disposal: CONVICTED
Disposal Date: 18-02-2023
