Date: 12-02-2019
Business: complt. filed today.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 04-10-2019
Date: 04-10-2019
Business: Ld. M.M. is on leave. Charge with Ld. M.M. 65 court. Adv. for comptt. pt. Ex. 6-Affidavit of service of summons. Ex. 7-Appln. for bailable warrant- O.S. to say. Ex. 8- Pursis by complainant for not pressing application of warrant.
Await for summons report.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 16-12-2019
Date: 16-12-2019
Business: LD. M.M. IS ON LEAVE. CHARGE WITH LD. M.M. 63RD COURT. BOARD DISCHARGED.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 13-04-2020
Date: 13-04-2020
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: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 29-07-2020
Date: 29-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 05-10-2020
Date: 05-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 11-01-2021
Date: 11-01-2021
Business: Adv for complt ab. Adv for accud pt.
Exh.9-VP.
Exh.10-Appln for exemption and adjournment - granted as a last chance.
For steps.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 19-03-2021
Date: 19-03-2021
Business: Court is Vacant. Board discharged.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 29-07-2021
Date: 29-07-2021
Business: Both parties absent.
Next Purpose: NOT HEARD CASES
Next Hearing Date: 22-10-2021
Date: 22-10-2021
Business: Complainant absent. Ld. Adv. for complainant present. Exh. 11 - Accused absent and exempted. Ld. Adv. for accused present. Exh. - 12 - Adjournment application of Ld. Adv. for accused is granted as last chance. For steps.
Next Purpose: NOT HEARD CASES
Next Hearing Date: 17-11-2021
Date: 17-11-2021
Business: Complainant present with advocate. Exh. - 13 - Accused absent and exemption application of accused is rejected. Ld. Adv. for accused present. Exh. - 14 - An application for NBW against accused is granted. For steps.
Next Purpose: NOT HEARD CASES
Next Hearing Date: 20-12-2021
Date: 20-12-2021
Business: Complainant present with advocate. Accused present with advocate. Exh. - 20 - Affidavit of evidence of Sunil Arun Bhilare is read and recorded. Exh. - 21 - List of documents. - O - Seen and accused to say about the admissibility of documents. Exh. - 22 - An application under section 143 - A of N. I. Act, the same is kept for say of accused. For say of accused on Exh. - 21 and 22 and for further chief and cross examination.
Next Purpose: PART HEARD
Next Hearing Date: 15-01-2022
Date: 15-01-2022
Business: Ld. Metropolitan Magistrate is on leave. Board discharged. Charge with Ld. Metropolitan Magistrate, 63rd Court, Andheri, Mumbai.
Next Purpose: PART HEARD
Next Hearing Date: 25-02-2022
Date: 25-02-2022
Business: Complainant present with advocate. Accused absent. Ld.Adv. for complainant present. Further Examination in chief of Sunil Bhilare on Exh. - 20 by Ld. Adv. Prashant Dhavgaonkar for the complainant on S. A. Exh. - 23 - Original Cheque bearing No. 009417. Exh. - 24 - Cheque depositing slip. Exh. - 25 - Cheque return memo. Exh. - 26 - Office copy of notice. Exh. - 27 - Postal Receipts. Article - A - Track Report. Exh. - 28 - A. D. Card. Cross Examination by Ld. Adv Rajesh Tiwari for the accused is adjourned til next date. EXh. - 29 - Adjournment application of Ld. Adv. for accused is granted as last chance.
Next Purpose: PART HEARD
Next Hearing Date: 16-03-2022
Date: 16-03-2022
Business: Complainant and his Adv. present.
Adv. for accused present.
On S. A. cross-examination of Sunil Bhillare by Adv. Rajesh Tiwari for accused.
On Oral request of Adv. for accused, cross-examination is deferred till next date.
Exh. No. 30 - An application by Adv. for complainant for giving evidence on pendrive. O - Allowed.
Next Purpose: PART HEARD
Next Hearing Date: 13-04-2022
Date: 13-04-2022
Business: Ld. Metropolitan Magistrate, 48th Court, Andheri, Mumbai is on leave during 1st Session, charge is with Ld. Metropolitan Magistrate, 63rd Court, Andheri, Mumbai. Board discharged 1st Session.
Next Purpose: PART HEARD
Next Hearing Date: 30-05-2022
Date: 30-05-2022
Business: Ld. Metropolitan Magistrate, 48th Court, Andheri, Mumbai is on Concession leave charge is with Ld. Metropolitan Magistrate, 65th Court, Andheri, Mumbai. Board Discharged.
Next Purpose: PART HEARD
Next Hearing Date: 22-06-2022
Date: 22-06-2022
Business: Complainant present with advocate. Exh. - 31 - Accused absent and exempted. Ld. Adv. for accused present. For further cross examination.
Next Purpose: PART HEARD
Next Hearing Date: 13-07-2022
Date: 13-07-2022
Business: Complainant present. Ld. Adv. For Complainant present. Accused absent Ld. Adv. for accused Present.
Exh - 32 - App for exemption of accused.
O - Heard both side and give there reasons, There is no proper reasons for Adjournment. Accused is absent and complainant is present in the interest of justice adjournment granted as last chance subject to cost of Rs.5000/- playable by accused to complainant.
case is adjourned on 28-07-2022 at 2.45 P.M.
Next Purpose: PART HEARD AT 2.45P.M.
Next Hearing Date: 28-07-2022
Date: 28-07-2022
Business: Complainant Present. Ld. Adv. for complainant present.
Accused and Ld. Adv. for accused absent.
Exh. No - 20. contd.Page No-11.
On S.A.further cross-examination of Sunil Bhilare by Adv. Rajesh tiwari for accused.
Accused and his advocate are absent when called. Hence, matter to proceed without cross-examination.
No Cross-examination.
Exh - 33 - Purses to close the evidence
O - Seen.
For Statement u/sec 313 Cr.P.C. at 3.00 P.M.
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 05-08-2022
Date: 05-08-2022
Business: Adv. for complainant present.
Accused and his Adv. absent.
Exh. No. 34 - An application by Adv. for complainant for issuing NBW against accused. O - Issue NBW against accused.
For statement of Accused.
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 14-09-2022
Date: 14-09-2022
Business: Complainant present. Ld Adv. for Complainant absent.
Exh - 35 - Issue notice as prayed.
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 14-11-2022
Date: 14-11-2022
Business: Complainant Present. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused absent.
Exh - 36 - Affidavit of service of NBW and show cause notice to the commissioner of police howrah Culcutta. O - Seen.
Exh - 37 - Purses. O - seen.
Exh - 38 - Application to dispensed with 313 Statement of the accused.
O - Other side to say.
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 16-12-2022
Date: 16-12-2022
Business: Complainant Present. Ld Adv. for complainant present. Accused absent. Ld Adv. for accused absent.
Order Below Exh 38
Today matter is pending for recording statement of accused u/sec 313 of Cr.P.C. it appears that accused are absent since long. Case is of years 2019. Ld. Advocate for accused has partly conducted cross-examination on the part of accused by thereafter accused has failed to appear to record her statements u/sec 313 of Cr.P.C. By way of this application, complainant has prayed to dispensed with statement of accused u/sec 313 of Cr.P.C. Inspite of sufficient opportunity given accused has failed to appear and explain about incriminating evidence adduced against him. It is the accused who has failed to avail opportunity to explain incriminating evidence appearing against him on record. Case is old one. Besides that as per judgements of Hon&#039ble Apex Court in the case of Indian Bank Associations and Ors Vs of india and ors, decided on 21/04/2014 in Writ Petition (civil) No. 18/2013 If accused fails to apply for leave to defense, in that case court can proceed further and pronounce judgment. Besides that this is a summary proceeding still opportunity was granted to accused to appear and explain about incriminating evidence appearing against them. Accused have failed to avail this opportunity. Hence, statement of accused u/sec 313 of Cr.P.C. is dispensed with and case is fixed for final arguments on next date.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 07-01-2023
Date: 07-01-2023
Business: Complainant Present. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused absent.
Exh - 39 - Written arguments on behalf of the complainant. O - Read and Record.
Exh - 40 - Index of the compilation of judgements in support of the argument on behalf of the complainant. O - Seen.
For Accused Arguments
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 20-01-2023
Date: 20-01-2023
Business: Metropolitan Magistrate is on leave, 1st session charge with Ld. Metropolitan Magistrate, Railway Mobile Court, Andheri, Mumbai.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 24-01-2023
Date: 24-01-2023
Business: Complainant absent. Ld Adv. for complainant present.
Order below Exh-1
Today case is fixed for final argument.
Complainant has already filed on record his written notes of argument. In spite of opportunity given accused has failed t argue this matter. Hence matter proceeded further without hearing argument on the part of accused and kept for judgment on next date.
For Judgement.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 17-02-2023
Date: 17-02-2023
Business: Complainant Present. Ld. Adv for complainant Present . Accused absent. Ld. Adv. for accused absent.
ORDER Below Exh- 41
i. The accused Mr. Soumya Bhattacharya 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 further he shall pay compensation of Rs. 4,00,000/- (Rs. Four 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 each.
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: 17-02-2023
