MRS NEETA LALWANIVsRAJESH ARVIND SURTI

Date: 12-04-2018
Business: Adv. for compt. present. Ex.4- Court fees paid. Ex.5-Verification. Order passed below Ex.1-Process issued.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 17-07-2018

Date: 17-07-2018
Business: Adv. for both side present. Ex.6-VP Ex.7-Appln. for bail-Accd to furnish S.B. and P.B. of Rs.15000/-. Ex.8-appln. for cash bail-Accd. to deposit cash amt. of Rs.15000/-. Ex.9-Plea of accd. APNG. for evidence.
Next Purpose: FOR HEARING
Next Hearing Date: 26-11-2018

Date: 26-11-2018
Business: Board discharged Ld. MM. is on official duty.
Next Purpose: FOR HEARING
Next Hearing Date: 01-02-2019

Date: 01-02-2019
Business: Compt. pt. with Adv. Accd. ab. Adv. ab. 10-Affidavit of evidence of P.W. no. 1. Ex.11-List of documents-Seen and defence Adv. to say about admissibility of documents. for reply on documents and further chief exam.
Next Purpose: PART HEARD
Next Hearing Date: 25-04-2019

Date: 25-04-2019
Business: Both parties pt. Adv. for compt. pt. Ex.12-Appln. for interim compensation u/sec. 143(a) of Cr.P.C. filed by comptt. - O.S. to say. for reply on documents and Ex. 12.
Next Purpose: PART HEARD
Next Hearing Date: 10-07-2019

Date: 10-07-2019
Business: Compt. ab. Adv. pt. Accd. and Adv. for accd. ab. Order passed on appln. for interim compensation- Say not filed by accused. Keep for arguments on interim appln.
Next Purpose: PART HEARD
Next Hearing Date: 03-10-2019

Date: 03-10-2019
Business: Compt. pt. Adv. pt. Accd. pt. Adv. ab. Appln. for interim compensation filed by comptt. is not pressed hence filed. for further chief exam.
Next Purpose: PART HEARD
Next Hearing Date: 10-12-2019

Date: 10-12-2019
Business: LD. M.M. IS ON LEAVE. CHARGE WITH LD. M..M. 63RD COURT. BOARD DISCHARGED.
Next Purpose: PART HEARD
Next Hearing Date: 04-02-2020

Date: 04-02-2020
Business: Adv for both sides pt.
Ex.13- Appln for exemption - granted.
For further chief.
Next Purpose: PART HEARD
Next Hearing Date: 03-04-2020

Date: 03-04-2020
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: PART HEARD
Next Hearing Date: 16-06-2020

Date: 16-06-2020
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: PART HEARD
Next Hearing Date: 31-08-2020

Date: 31-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: PART HEARD
Next Hearing Date: 11-11-2020

Date: 11-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: PART HEARD
Next Hearing Date: 03-02-2021

Date: 03-02-2021
Business: Court is vacant. Board discharged.
Next Purpose: PART HEARD
Next Hearing Date: 26-04-2021

Date: 26-04-2021
Business: Court is vacant. Charge is with the Hon''ble Addl. Chief Metropolitan Magistrate, 22nd Court, Andheri, Mumbai. As per Office Circular bearing No. CMM/OC/11/2021, office of the Hon''ble C. M. M., Esplanade, Mumbai dated 22/04/2021 board is discharged.
Next Purpose: PART  HEARD AT  2.45P.M.
Next Hearing Date: 19-06-2021

Date: 19-06-2021
Business: As per Office Order No. Estt.16/947/2021 of Chief Metropolitan Magistrate Office, dt. 15-06-2021, Board is discharged.
Next Purpose: PART  HEARD AT  2.45P.M.
Next Hearing Date: 21-06-2021

Date: 21-06-2021
Business: Both Parties absent.
Next Purpose: PART  HEARD AT  2.45P.M.
Next Hearing Date: 03-08-2021

Date: 03-08-2021
Business: Complainant absent. Ld. Adv. for complainant present. Accused absent. Ld. Adv. for accused absent. Exh. 14 - An application by the Ld. Adv. for the complainant for issuance of NBW against the accused and the same is allowed. Lateron accused remained present. Exh. - 15 - An application for cancellation of warrant. -O- Warrant issued against accused stand cancelled.
Next Purpose: PART HEARD
Next Hearing Date: 21-09-2021

Date: 21-09-2021
Business: Complainant present. Ld. Adv. for complainant present. Accused present. Ld. Adv. for accused absent. Documents at Sr Nos. 01, 03, 04, 05 of list of documents at Exh. - 11 are verified from the originals by the Judicial Clerk of the Court, signature of the Ld. Metropolitan Magistrate is pending thereon. For further examination in chief and cross examination.
Next Purpose: PART  HEARD AT  2.45P.M.
Next Hearing Date: 24-09-2021

Date: 24-09-2021
Business: Complainant present. Ld. Adv. for complainant present. Accused present. Ld. Adv. for accused present.  Exh. - 16 - Vakalatnama filed by the Ld. Adv. Rajesh Dubey along with Avinash Shrivastav for accused. Further Examination-In-Chief on Exh - 10 by Ld. Adv. Arun Lambe for complainant on S. A. Exh. - 11 - List of Documents. Exh. - 17 - Verified Notarized Power of Attorney dated 27-12-2016. Exh. - 18 - Complaint filed with Vile Parle Police Station. Exh.- 19 - Settlement Deed. Exh. - 20 - Cancellation Letter. Exh. - 21 - Original Cheque bearing No. 407691. Exh. - 22 - Original Cheque bearing No. 407692. Exh. - 23 to Exh. - 24 - Cheque Return Memos. Exh. - 25 - Original Bank Certificate dated - 05-02-2018. Exh. - 26 - Office copy of demand notice. Exh. - 27 - Postal Receipt. Exh. - 28 - Postal Acknowledgment. Cross Examination by Ld. Adv.  Rajesh Dubey for accused is deferred till next date. Exh. - 29  - Adjournment application by Ld. Adv. for accused is granted as last chance. For cross examination on Exh. - 10.
Next Purpose: PART  HEARD AT  2.45P.M.
Next Hearing Date: 25-10-2021

Date: 25-10-2021
Business: Complainant present with advocate. Ld. Adv. for accused present. For cross examination.
Next Purpose: PART  HEARD AT  2.45P.M.
Next Hearing Date: 22-11-2021

Date: 22-11-2021
Business: Power of Attorney holder of complainant present with advocate. Accused absent. Ld. Adv. for accused present. For cross examination.
Next Purpose: PART  HEARD AT  2.45P.M.
Next Hearing Date: 07-12-2021

Date: 07-12-2021
Business: Complainant present with advocate. Accused present with advocate. Exh. - 30 - Adjournment application of accused is granted as last chance.
Next Purpose: PART  HEARD AT  2.45P.M.
Next Hearing Date: 15-12-2021

Date: 15-12-2021
Business: Complainant present his adv. present Accused present his adv. present. For cross examination.
Next Purpose: PART  HEARD AT  2.45P.M.
Next Hearing Date: 07-01-2022

Date: 07-01-2022
Business: Complainant and his Adv. present.
Accused present. Adv. for accused present.
Next Purpose: PART  HEARD AT  2.45P.M.
Next Hearing Date: 27-01-2022

Date: 27-01-2022
Business: Adv. for complainant present.
Adv. for accused present.
Next Purpose: PART  HEARD AT  2.45P.M.
Next Hearing Date: 16-02-2022

Date: 16-02-2022
Business: Complainant present with advocate. Accused present with advocate.
Next Purpose: PART  HEARD AT  2.45P.M.
Next Hearing Date: 04-03-2022

Date: 04-03-2022
Business: Complainant present with advocate. Exh. - 31 - Ld. Adv. for accused filed Vakalatnama for accused. Exh. - 32 - Accused absent and exempted. Ld. Adv. for accused Rajesh Dubey conducted cross examination of Narendra Lalwani in C. C. No. 8268-SS-2017. Exh. - 33 - Ld. Adv. for accused filed pursis for adopting cross examination conducted in C. C. No. 8268-SS-2017.
Next Purpose: PART  HEARD AT  2.45P.M.
Next Hearing Date: 10-03-2022

Date: 10-03-2022
Business: Complainant absent. Ld. Adv. for complainant present. Accused Present. Ld. Adv. for accused present. Exh - 31 - application for issue witness summons to bank officer.
Next Purpose: PART  HEARD AT  2.45P.M.
Next Hearing Date: 31-03-2022

Date: 31-03-2022
Business: Complainant present. Ld. Adv. for complainant present. Accused absent.  Ld. Adv. for accused present. Exh -31 - App for issue witness summons to bank officer to bharat co-op bank Vile parle O-Issue summons to bank witness.
Next Purpose: PART  HEARD AT  2.45P.M.
Next Hearing Date: 11-04-2022

Date: 11-04-2022
Business: Adv. for complainant present.
Adv. for accused present.
Exh. No. 32 - Deposition of witness no. 2. on behalf of complainant.
On S. A. Examination in chief by Adv. for complainant.
Exh. No. 33 - Authority letter.
Exh. No. 34 - Letter, dt. 08-04-2022.
Exh. No. 35 - Account statement of Neeta Lalwani for the period of 01-04-2017 to 31-03-2018.
Exh. No. 36 - Account opening form.
Cross-examination by Adv. Rajesh Dubey for accused.
Cross-examination is over.
No re-examination.
Exh. No. 37 - An application by Adv. for accused for exemption. O - granted.
Next Purpose: PART  HEARD AT  2.45P.M.
Next Hearing Date: 27-04-2022

Date: 27-04-2022
Business: Adv. for complainant present.
Adv. for accused present.
Next Purpose: PART  HEARD AT  2.45P.M.
Next Hearing Date: 11-05-2022

Date: 11-05-2022
Business: Complainant present. Ld. Adv. for complainant present.
Accused Present. Ld. Adv. for accused present.
Statement of Accused Name Rajesh
Arvind Surti U/sec 313 Of Cr.P.C.
Next Purpose: PART  HEARD AT  2.45P.M.
Next Hearing Date: 14-06-2022

Date: 14-06-2022
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: PART  HEARD AT  2.45P.M.
Next Hearing Date: 03-08-2022

Date: 03-08-2022
Business: Complainant present.  Ld. Adv. for complainant present.   Accused and Ld. Adv. for accused Present.
Exh - 39- App for witness summons.
O - Other side to say. O - Issue summons to witness as prayed.
Next Purpose: PART  HEARD AT  2.45P.M.
Next Hearing Date: 25-08-2022

Date: 25-08-2022
Business: Adv. for complainant present.
Accused and his Adv. absent.
Order passed below Exh. No. 1 - Accused and his Adv. are absent when called. Case was fixed for defence evidence. Accused neither filed adjournment application nor adduced evidence. Already sufficient chance granted to accused, hence evidence of accused is closed and case is fixed for final argument on next date.
Next Purpose: FOR ARGUMENT AT 2.45
Next Hearing Date: 26-09-2022

Date: 26-09-2022
Business: Complainant absent. Ld Adv. for Complainant Present.
Exh - 40 - App for recalling D-1. Mr. mehul sharms for examination. O - Other side to say
Next Purpose: FOR ARGUMENT AT 2.45
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.
Exh - 41 - Say of the complainant on recalling of witness. O - Seen.
Order below Exhibit No-40 -
Order
Permission granted to examine the witness as prayed on condition that accused should secure presence of witness on next date and conclude his evidence without causing further delay.
Next Purpose: PART  HEARD AT  2.45P.M.
Next Hearing Date: 18-11-2022

Date: 18-11-2022
Business: Complainant and his Adv. present.
Accused and his Adv. present.
Exh. No. 42 - An application by Adv. for accused for adjournment. O - Other side has no objection. with consent of both parties, adjournment granted and case fixed on 19-12-2022.
Next Purpose: PART  HEARD AT  2.45P.M.
Next Hearing Date: 19-12-2022

Date: 19-12-2022
Business: Complainant absent. Ld Adv. for complainant present.
Accused Present. Ld Adv. for accused present.
Exh - 43 - App for BW against witness.
O - Issue BW of Rs.10000/- against the witness as prayed.
Next Purpose: PART  HEARD AT  2.45P.M.
Next Hearing Date: 19-01-2023

Date: 19-01-2023
Business: Complainant Present. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused present.
Next Purpose: PART  HEARD AT  2.45P.M.
Next Hearing Date: 04-03-2023

Date: 04-03-2023
Business: Adv. for complainant present.
Accused present. Adv. for accused present.
By Consent of both parties matter is adjourned.
Next Purpose: PART  HEARD AT  2.45P.M.
Next Hearing Date: 06-04-2023

Date: 06-04-2023
Business: Complainant Present. Ld Adv. for complainant present.
Accused Present. Ld Adv. for accused present.
Exh.No.45
Deposition of witness no-1 on behalf of accused.
On S.A.Examination-in-chief by Advocate Rajesh Dubey for the accused.
Cross-examination by Adv Amit Sampat for complainant.
Cross-examination is over.
No re-examination.
Next Purpose: PART  HEARD AT  2.45P.M.
Next Hearing Date: 07-06-2023

Date: 07-06-2023
Business: Complainant absent. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused present.
Exh - 46 - App for adjournment on behalf of accused. o - Adjournment granted as a last chance subject to cost of Rs.1500/-payable by accused to complainant.
Next Purpose: PART  HEARD AT  2.45P.M.
Next Hearing Date: 21-06-2023

Date: 21-06-2023
Business: Complainant Present. Ld Adv. for complainant present.
Accused Present. Ld Adv. for accused present.
Exh - 47 - Application for issue of witness summons to Mr. Jitendra Ranka @ Jitu
O - Other side to say.
Next Purpose: PART  HEARD AT  2.45P.M.
Next Hearing Date: 14-07-2023

Date: 14-07-2023
Business: Complainant Present. Ld Adv. for complainant present.
Accused Present. Ld Adv. for accused present.
Next Purpose: PART  HEARD AT  2.45P.M.
Next Hearing Date: 08-08-2023

Date: 08-08-2023
Business: Complainant absent. Ld Adv. for complainant present.
Accused Present. Ld Adv. for accused present.
Next Purpose: PART  HEARD AT  2.45P.M.
Next Hearing Date: 22-08-2023

Date: 22-08-2023
Business: Complainant absent. Ld Adv. for complainant present.
Accused Present. Ld Adv. for accused present.
Exh - 48 - Purses of closing evidence on behalf of accused. O - Seen.
Next Purpose: PART  HEARD AT  2.45P.M.
Next Hearing Date: 04-10-2023

Date: 04-10-2023
Business: Metropolitan Magistrate is on leave, charge with  Metropolitan Magistrate, 44th Court, Andheri, Mumbai.
Next Purpose: PART  HEARD AT  2.45P.M.
Next Hearing Date: 28-11-2023

Date: 28-11-2023
Business: Complainant absent. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused present. On Oral request of both the parties case is adjourned next date
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 08-01-2024

Date: 08-01-2024
Business: Complainant absent. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused present.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 02-02-2024

Date: 02-02-2024
Business: Complainant absent. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused present.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 23-02-2024

Date: 23-02-2024
Business: Complainant absent. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused present.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 04-03-2024

Date: 04-03-2024
Business: Complainant Present. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused present.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 11-03-2024

Date: 11-03-2024
Business: Complainant absent. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused present.
Written argument filed by accused
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 05-04-2024

Date: 05-04-2024
Business: Complainant absent. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused present.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 04-05-2024

Date: 04-05-2024
Business: Complainant Present. Ld Adv. for complainant present.
Accused Present. Ld Adv. for accused present.
Order Below Exh-49
i.	Accused Mr. Rajesh Arvind Surati Proprietor of Raj Builders and Developers 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 sentenced to suffer simple imprisonment for period of Three months and he shall pay, compensation of Rs. 24,50,000/- (Rs.Twnety Four 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 15 days.
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.  	Dictated and pronounced in open court.
Nature Of Disposal: CONVICTED
Disposal Date: 04-05-2024

Filing Number: 2242/2018
Filing Date: 05-02-2018
First Hearing Date: 12th April 2018
Decision Date: 04th May 2024
Court Number And Judge: 48-Judicial Magistrate (First Class), 48th Court