Final Order 1

Order Details: Order below Ex-1
Pdf Text: IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS,
44TH COURT, ANDHERI, MUMBAI.
C.C. No. 512/SS/2018
Sunil Baldeodas Biyani …. Complainant
V/s.
Sharmila Agarwal Design Studio and Anr., …. Accused
ORDER BELOW EXHIBIT NO.1
(Passed on 12/12/2025)
The present case on hand came to be filed on 30/01/2018 under
Section 138 of the Negotiable Instruments Act.
2. Having gone through the roznama and case papers, it appears that the
case is fixed for appearance of both the parties. The complainant is absent since long
time. Moreover, no positive step was taken by the complainant to secure the
presence of the accused within a span of last seven years.
3. This case was kept for dismissal on the last date. However, neither
the complainant nor his advocate appeared before the court. Even today both the
complainant and his advocate are absent when the matter was called out. Thus, it
seems that this case is unattended since long time. In such circumstances, it
appears that the complainant is not interested to proceed further with this matter.
Hence, it would not be appropriate to keep the matter pending unnecessary without
any progress. In short, the record shows that this case comes within the ambit of
stale and ineffective case. Hence, having regard to the pendency of the case, it is
required to be disposed of in the today’s Special Drive. Resultantly, I pass the
following order:-
ORDER
i] The case is dismissed under section 256 of the Code of Criminal Procedure.
ii] The accused no.1 and 2 are discharged from the offence punishable under
section 138 of Negotiable Instrument Act.
iii] The record and proceeding be sent to record room after necessary compliance.
Sd/-
(Sujitkumar C. Tayde)
Judicial Magistrate First Class,
Date: 12/12/2025 44th Court, Andheri, Mumbai.
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