Date: 13-07-2018
Business: Adv. for compt. present. for report.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 04-01-2019
Date: 04-01-2019
Business: Adv. for compt. pt. Ex.5-Appln. for fresh summons-Issue.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 13-05-2019
Date: 13-05-2019
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 28-08-2019
Date: 28-08-2019
Business: Adv. for compt. pt. Adv. for accd. ab. Ex.6-Appln. for fresh summons-Issue.for report.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 25-02-2020
Date: 25-02-2020
Business: Ld. M. M. is on leave. Board Discharged. Charge with Ld. M. M. 65th Court.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 26-05-2020
Date: 26-05-2020
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: 16-09-2020
Date: 16-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 03-02-2021
Date: 03-02-2021
Business: Court is vacant. Board discharged.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 06-05-2021
Date: 06-05-2021
Business: Court is vacant. Charge is with the Honorable Metropolitan Magistrate, 65th Court, Andheri, Mumbai. As per Office Circular bearing No. CMM/OC/11/2021, office of the Honorable C. M. M., Esplanade, Mumbai dated 22/04/2021 board is discharged.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 30-08-2021
Date: 30-08-2021
Business: Complainant absent. Ld. Adv. for complainant present. Accused and Ld. Adv. for accused absent. Exh. - 08 - An application by the Ld. Adv. for complainant for issuance of NBW against the accused, in view of the same it is directed to issue BWT of Rs. 10000/- against accused. For steps.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 16-11-2021
Date: 16-11-2021
Business: Accused and his advocate present.
Exh. No. 9 - Vakalatnama. O - Seen.
Exh. No. 10 - An application for bail. O - Accused is released on bail on executing PR and cash security of Rs. 5000/-
Exh. No. 11 - An application for cancellation of bailable warrant. O - B/W against accused stays cancelled.
Exh. No. 12 - Memo of address. O - Seen.
Exh. No. 13 - Bond of accused.
Exh. No. 14 - Plea of accused.
For evidence.
Next Purpose: FOR HEARING
Next Hearing Date: 03-12-2021
Date: 03-12-2021
Business: Complainant and Adv. for complainant present.
Accused present.Adv. for accused absent.
Exh.No. 15 - An Affidavit in lieu of examination-in-chief. O - Read and recorded.
Exh. No. 16 - List of documents. O - Call say of accused.
For further examination in chief.
Next Purpose: FOR HEARING
Next Hearing Date: 23-12-2021
Date: 23-12-2021
Business: Adv. for complainant present.
Accused and his Adv. present.
Exh. No. 17 - An application by Adv. complainant for adjournment. O - Adj. granted as a last chance.
For Evidence.
Next Purpose: FOR HEARING
Next Hearing Date: 19-01-2022
Date: 19-01-2022
Business: In view of SOP dt. 06-01-2022, issued by the Hon\''ble High Court, Bombay, Board discharged.
Next Purpose: FOR HEARING
Next Hearing Date: 22-02-2022
Date: 22-02-2022
Business: Complainant and his Adv. present.
Accused and his Adv. present.
Exh. No. 18 - An application by Adv. for complainant to file additional affidavit. O - permission granted to file Additional evidence affidavit of complainant.
Exh. No. 19 - An additional affidavit of evidence of the complainant. O - Read and recorded.
Exh. No. 20 - List of documents. O - Call say of accused about admissibility of documents.
For further examination in chief.
Matter is fixed on 07-03-2022, in 2nd session
Next Purpose: PART HEARD AT 2.45P.M.
Next Hearing Date: 07-03-2022
Date: 07-03-2022
Business: Complainant absent. Ld. Adv. for complainant present. Accused and his advocate absent. Exh. - 21 - Adjournment application of complainant is granted as last chance.
Next Purpose: PART HEARD AT 2.45P.M.
Next Hearing Date: 08-04-2022
Date: 08-04-2022
Business: Complainant Present. Ld. Adv. for complainant present. Accused Present. Ld. Adv. for accused present. Exh - 15 and 19 Contd. On S.A.further examination-in-chief of Anuj Agarwal by Adv. Atul Bhatt for the complainant.
Exh - 16 and 20 List of Document.
Ld Adv. Shri Aniket Yadav for accused has denied all the document.
Exh - 22 - Original challan.
Exh - 23 - Tax invoice.
Exh - 24 and 25 - Disputed cheques.
Exh - 26 and 27 - cheque returned memos.
Exh - 28 - Office copy of notice.
Exh - 29 to 30 - Postal receipts.
Exh - 31 and 32 - Returned envelope.
Exh - 33 - Minutes of meeting.
Exh - 34 to 36 - Master data of accused company along with certificate u/sec 65 (B) of Evidence Act.
Exh - 37 - Copy of gazette along with certificate u/sec 65 (B) of Evidence Act.
Cross-examination by Adv. Aniket Yadav for accused.
On oral request of adv. for accused, matter is adjourned for cross-examination till next date.
Next Purpose: PART HEARD AT 2.45P.M.
Next Hearing Date: 07-06-2022
Date: 07-06-2022
Business: Complainant present. Ld. Adv. for complainant present.
Accused Present. Ld. Adv. for accused present.
Exh - 15 and 19 contd. Page No-8.
On S.A. Cross-examination of Anuj Agarwal by Adv. Aniket Yadav for the Accused.
On Oral request of Adv for accused, Cross-examination is deferred till next date.
Next Purpose: PART HEARD AT 2.45P.M.
Next Hearing Date: 11-07-2022
Date: 11-07-2022
Business: Complainant and his Adv. present.
Adv. for accused present.
On S. A. further cross-examination of complainant by Adv. Reenu Yadav for accused.
Cross-examination is over.
No re-examination.
For further evidence.
Next Purpose: PART HEARD AT 2.45P.M.
Next Hearing Date: 17-08-2022
Date: 17-08-2022
Business: Adv. for complainant present.
Accused and his Adv. preset.
Exh. No. 38 - Evidence closing pursis by Adv. for complainant. O - Seen.
Matter is fixed for statement of accused U/sec. 313 of Cr.P.C, on 06-09-2022, in 2nd session.
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 06-09-2022
Date: 06-09-2022
Business: Adv. for complainant present.
Accused and his Adv. present.
Exh. No. 40 - Statement of accused U/sec. 313 of Cr. P. C.
Matter is fixed for defence evidence on 10-10-2022, in 2nd session.
Next Purpose: PART HEARD AT 2.45P.M.
Next Hearing Date: 10-10-2022
Date: 10-10-2022
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: PART HEARD AT 2.45P.M.
Next Hearing Date: 18-11-2022
Date: 18-11-2022
Business: Complainant absent. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused present.
Exh - 41 - App for permission for examine witness on behalf of accused. O - Other side to say.
Already permission granted to lead defense evidence.
Exh - 42 - App for adjournment and exemption on behalf of accused.
O - Other side to say.
O - Adjournment and exemption is granted as a last chance.
Next Purpose: PART HEARD AT 2.45P.M.
Next Hearing Date: 03-12-2022
Date: 03-12-2022
Business: Complainant absent. Ld. Adv. for complainant present. Accused and Ld. Adv. for accused absent. Order passed below Exh. - 01 that, evidence of accused is closed and the case is fixed for final argument.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 17-12-2022
Date: 17-12-2022
Business: Complainant Present. Ld Adv. for complainant present.
Accused Present. Ld Adv. for accused present.
Exh - 43 - Written arguments on behalf of complainant. O - Seen.
Exh - 44 - App for exemption on behalf of accused. O - Granted for today only.
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.
Exh - 45 - App for adjournment on behalf of accused. O - Adjournment granted as prayed.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 31-01-2023
Date: 31-01-2023
Business: Complainant absent. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused present.
Exh - 46 - Written argument on behalf of accused. O - Seen.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 21-02-2023
Date: 21-02-2023
Business: Complainant Present. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused present.
Next Purpose: FOR ARGUMENT AT 2.45
Next Hearing Date: 18-03-2023
Date: 18-03-2023
Business: Complinant Present. Ld. Adv for complainant present. Accused absent .
Ld. Adv for accused absent.
Order Below Exh-47
ORDER
i. The accused Mr. Salim Khan-Proprietor of New Paper Box 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 Six months and shall pay compensation of Rs. 2,00,000/- (Rs. Two Lacs) to the complainant vide Section 357(3) of the Code of Criminal Procedure, 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. Today i.e. on the date of judgment accused remained absent, hence issue standing Non-bailable warrant against the accused for his arrest through concerned police station for execution of sentence in view of Section 418 (2) of Cr.P.C.
vii. The copy of this Judgment shall be send to the convicted accused, free of cost, immediately after it is prepared, in view of section 363(1) of the Code of Criminal Procedure, 1973.
viii. Dictated and pronounced in open court.
Nature Of Disposal: CONVICTED
Disposal Date: 18-03-2023
