Order Details: Copy of Judgment Pdf Text: 1 C. C. No. 1082/SS/2018 Filed on : 26/02/2018 Registered on : 26/02/2018 Decided on : 04/05/2024 Duration : 06Y. 02M. 08D. IN THE COURT OF METROPOLITAN MAGISTRATE 48TH COURT ANDHERI MUMBAI (Presided over by K. G. Sawant) Case No.1082/SS/2018 CNR: MHMM190013522018 Exh. No. Shri. Kunal Kamdar. Proprietor of Rushabh Enterprises, Having his office at : 1/35, Jagat Satguru Industrial Estate, 1st Floor, Vishweshwar Road, Goregaon East, Mumbai – 400 0063. …Complainant Versus…
Summons Private cases SS
SHRI KUNAL KAMDARVsM/S. R.R. POLYNET PVT. LTD +2 more
CNR MHMM19002550201848-Judicial Magistrate (First Class), 48th Court
Metropolitan Magistrate, Andheri, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--CONVICTED
Decision Date: 04th May 2024
TrustJury record updated 23 Sept 2026
Case Overview
- Registration Number
- 1082/2018
- Registration Date
- 27 Feb 2018
Advocates
0No advocate information is available in this record.
Parties
4Petitioner
Acts & Sections
1Representation of the People Act · Sec 138
Case History / Proceedings
Case History
Date: 09-08-2018 Business: Ld.M.M. is on leave. Board discharged. Next Purpose: FOR VERIFICATION Next Hearing Date: 24-10-2018 Date: 24-10-2018 Business: Adv. for compt. pt. Adv. for accd. ab. Ex.6- Appln. for fresh summons-Issue. for report. Next Purpose: FOR VERIFICATION Next Hearing Date: 05-02-2019 Date: 05-02-2019 Business: Adv. for both side pt. Reply filed by accd. to Ex.12. For arg/ order on Ex.12 and evidence. Next Purpose: FOR HEARING Next Hearing Date: 28-03-2019 Date: 28-03-2019 Business: Adv. for compt. pt. Adv. for accd. ab. Accd. 2 ab. Accd. no. 3 pt. Ex.14- Accd. no. 2 exempted for today. for arg. on Ex.12 Next Purpose: FOR HEARING Next Hearing Date: 17-06-2019 Date: 17-06-2019 Business: Adv. for compt. pt. Adv. for accd. pt. Accd. 2 ab. Ex.15- Accd. no. 3 exempted for today. for arg. on Ex.12 Next Purpose: FOR HEARING Next Hearing Date: 16-08-2019 Date: 16-08-2019 Business: Adv. for both side pt. Appln. for itnerim compensation vide Ex. 12 is not pressed by comptt. Hence, filed . for reply on documents and further chief exam. Next Purpose: PART HEARD Next Hearing Date: 05-02-2020 Date: 05-02-2020 Business: Adv for complt pt. Adv for accud ab. For further chief. Next Purpose: PART HEARD Next Hearing Date: 05-03-2020 Date: 05-03-2020 Business: Adv for both sides pt. Ex.22- Appln for exemption - granted as a last chance. For further chief exam. Next Purpose: PART HEARD Next Hearing Date: 15-04-2020 Date: 15-04-2020 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: 29-06-2020 Date: 29-06-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: PART HEARD Next Hearing Date: 11-08-2020 Date: 11-08-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: PART HEARD Next Hearing Date: 27-10-2020 Date: 27-10-2020 Business: Board discharged. Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: PART HEARD Next Hearing Date: 07-01-2021 Date: 07-01-2021 Business: Ld. M.M. is on leave. Board discharged. Next Purpose: PART HEARD Next Hearing Date: 20-03-2021 Date: 20-03-2021 Business: Court is Vacant. Board discharged. Next Purpose: PART HEARD Next Hearing Date: 24-06-2021 Date: 24-06-2021 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: PART HEARD Next Hearing Date: 05-08-2021 Date: 05-08-2021 Business: Complainant present. Ld. Adv. for complainant absent. Accused and his advocate absent., Exh. 23 - An application by the complainant for adjournment, the same is granted as a last chance. For evidence in view of Exh. - 20. Next Purpose: PART HEARD Next Hearing Date: 16-09-2021 Date: 16-09-2021 Business: Complainant present his adv. present accused absent his adv.present Exh-24 Application for exemption for accused. Exh-25 Application for adjournment / next hearing dt. O- adj granted. Latar on Exh- 20 contd. further examination in chief of kunal kamdar by adv. ravi panjabi Exh-20 affidavit of examination in chief. Exh-21 filed documents along with list. Exh-26 Invoice no GUJG00011 dt. 28/07/2017. Exh-27 Invoice no GUJG00012 dt. 28/08/2017. Exh-28 Delivery challan. Exh-29 Cheque deposit slip. Exh-30 Original cheque bearing no 000729. Exh-31 Cheque return memo. Exh-32 Office copyDemand notice dt. 15/01/2017. Exh-33 and 34 Postal receipts. Exh-35 Postal acknowledgment. Article - A Track report. Cross examination by adv. vijay sharma holding for adv. R.P. mishra for accused. on oral request of adv. for accused, matter is adj. for cross examination on next date. Next Purpose: PART HEARD Next Hearing Date: 07-10-2021 Date: 07-10-2021 Business: Complainant absent. Ld. Adv. for the complainant present. Accused and Ld. Adv. for accused absent. Exh. - 37 - An application by the Ld. Adv. for the complainant for issuance of NBW against accused Nos. 02 and 03 and the same is allowed. For cross examination. Next Purpose: PART HEARD Next Hearing Date: 17-11-2021 Date: 17-11-2021 Business: Complainant absent. Advocate for complainant present. Accused and his advocate absent. Exh.No. 38 - An application for NBW against accused no. 2 and 3 - O - Issue NBW against accused no. 2 and 3. For further examination in chief. Next Purpose: PART HEARD Next Hearing Date: 27-12-2021 Date: 27-12-2021 Business: Complainant present. Accused and his Adv. absent. For report. Next Purpose: PART HEARD Next Hearing Date: 09-02-2022 Date: 09-02-2022 Business: Both parties and their Adv. absent. Matter is fixed on 05-03-2022, in 2nd session. Next Purpose: PART HEARD AT 2.45P.M. Next Hearing Date: 05-03-2022 Date: 05-03-2022 Business: Complainant present his adv. present Accused absent his adv. absent Exh-39 Application for non bailable warrant accused no. 02 and 03. O- Issue NBW against accused no. 02 and 03. for report. Next Purpose: PART HEARD AT 2.45P.M. Next Hearing Date: 25-04-2022 Date: 25-04-2022 Business: Accused and his Adv. present. Exh.No. 40 - An application by Adv. for accused for cancellation of warrant. O - NBW against accused no. 2 and 3 stands canceled subject to penalty of Rs. 2000/- each. Next Purpose: PART HEARD AT 2.45P.M. Next Hearing Date: 08-06-2022 Date: 08-06-2022 Business: Complainant and his Adv. present. Accused present. Adv. for accused absent. Exh. No. 41 - An application by Accused for adjournment. O - Adj. granted as a last chance. For cross-examination. Next Purpose: PART HEARD AT 2.45P.M. 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: PART HEARD AT 2.45P.M. Next Hearing Date: 04-08-2022 Date: 04-08-2022 Business: Complainant Present. Ld. Adv. for complainant absent. Accused absent Ld. Adv. for accused Present. Exh.20 Contd. Page No-07. On S.A.cross-examination of kunnal kumadar by Adv. R.P. Mishra for accused. Cross-examination is over. No re-examination. Next Purpose: PART HEARD AT 2.45P.M. Next Hearing Date: 24-08-2022 Date: 24-08-2022 Business: Complainant present. Adv. for complainant absent. Accused and his Adv. absent. For further evidence. Next Purpose: PART HEARD AT 2.45P.M. Next Hearing Date: 28-09-2022 Date: 28-09-2022 Business: Complainant Present. Ld Adv. for complainant present. Accused absent. Ld Adv. for accused present. Exh - 43 - App for exemption on behalf of accused. O - Granted for today only Next Purpose: PART HEARD AT 2.45P.M. Next Hearing Date: 16-11-2022 Date: 16-11-2022 Business: Complainant Present. Ld Adv. for complainant present. Exh - 44 - Affidavit of evidence of the complainant u/sec 145 of the NI Act. O - Read and Record. Exh - 45 - List of document. O - Accused to say about admissibility of document. Next Purpose: PART HEARD AT 2.45P.M. Next Hearing Date: 19-12-2022 Date: 19-12-2022 Business: Complainant absent. CW2 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 AT 2.45P.M. Next Hearing Date: 04-02-2023 Date: 04-02-2023 Business: Complainant absent. Ld Adv. for complainant absent. Accused absent. Ld Adv. for accused present. Exh - 46 - App for exemption on behalf of accused. O - Granted. Next Purpose: PART HEARD AT 2.45P.M. Next Hearing Date: 16-03-2023 Date: 16-03-2023 Business: Complainant Present. Ld Adv. for complainant present. Accused No-3 absent. Ld Adv. for accused present. Accused no-2 Present. Exh - 47 - App for exemption on behalf of accused. O - Granted. Next Purpose: PART HEARD AT 2.45P.M. Next Hearing Date: 21-04-2023 Date: 21-04-2023 Business: Complainant absent. Ld Adv. for complainant present. CW-2 Present. Accused absent. Ld Adv. for accused absent. Exh. No. 44 contd. Page No-08. On S.A. cross-examination of Pooja Kunchikore by Adv. R.P. Mishra for accused. Accused and his advocate are absent when called. Hence, matter to proceed without cross-examination. Next Purpose: PART HEARD AT 2.45P.M. Next Hearing Date: 19-06-2023 Date: 19-06-2023 Business: Complainant Present. Ld Adv. for complainant present. Accused absent. Ld Adv. for accused present. Exh - 46 - App for exemption on behalf of accused. O - Granted. Exh - 47 - Closing evidence purses. O - Seen. Exh - 48 - App for setting aside the order dated 21-04-2023 to proceed without cross-examination CW-2 O - Other side to say. O - Heard both side and gone though record. considering reasons stand and in the interest of justice no cross order against in respect of witness no-2 is set aside subject to cost of Rs.1000/- payable by accused to complainant. Next Purpose: PART HEARD Next Hearing Date: 05-07-2023 Date: 05-07-2023 Business: Complainant Present. Ld Adv. for complainant present. Accused absent. Ld Adv. for accused absent. Exh. No. 45 contd. Page No. 09. On S.A. cross-examination of Pooja Kunchikore by Adv. R.P. Mishra for accused. Accused and his advocate are absent when called. Hence matter to proceed without cross-examination. No cross-examination. Exh - 49 - Evidence closing purses. O - Seen. Exh - 50 - App to issue NBW against the accused no-2 and 3. O - App for issue NBW against the accused. O - issue NBW against the accused. Next Purpose: FOR STATEMENT U/sec 313 Next Hearing Date: 07-08-2023 Date: 07-08-2023 Business: Complainant Present. Ld Adv. for complainant present. Accused absent. Ld Adv. for accused present. Exh - 51 - App for cancellation of warrant O - NBW against the accused no-2 stand cancelled subject to penalty of Rs.1000/- Exh - 52 - Statement of accused Ram Chandeshwar Singh u/sec 313 of Cr.P. C. recorded. Next Purpose: FOR STATEMENT U/sec 313 Next Hearing Date: 16-09-2023 Date: 16-09-2023 Business: Complainant and his Adv. present. Accused absent. Adv. for accused present. Order passed below Exh. No. 01 - Statement U/sec. 313 of Cr. P. C. of accused no. 3 is dispensed with and case is fixed for final argument on next date. Next Purpose: FOR ARGUMENTS Next Hearing Date: 27-10-2023 Date: 27-10-2023 Business: Complainant absent. Ld Adv. for complainant present. Accused absent. Ld Adv. for accused present. Exh - 53 - App for exemption on behalf of accused. O - Granted. Exh - 54 - App for granting time to filed written argument. O - Adjournment granted as prayed complainant has no objection Next Purpose: FOR ARGUMENTS Next Hearing Date: 02-12-2023 Date: 02-12-2023 Business: Complainant and his Adv. present. Adv. for accused present. Exh. No. 55 - An application by Adv. for accused for adjournment. O - Granted as a last chance. Exh.No. 56 - Written notes of argument on behalf of complainant. O - Seen. Next Purpose: FOR ARGUMENTS Next Hearing Date: 20-12-2023 Date: 20-12-2023 Business: Complainant Present. Ld Adv. for complainant absent. Accused Present. Ld Adv. for accused present. Exh - 57 - App for adjournment on behalf of accused . o - Adjournment granted as a last chance Next Purpose: FOR ARGUMENTS Next Hearing Date: 12-01-2024 Date: 12-01-2024 Business: Complainant Present. Ld Adv. for complainant present. Accused Present. Ld Adv. for accused present. Exh - 58 - App for adjournment on behalf of accused. o - Adjournment granted as a last chance Next Purpose: FOR ARGUMENTS Next Hearing Date: 01-02-2024 Date: 01-02-2024 Business: Complainant Present. Ld Adv. for complainant present. Accused No-2 Present. Ld Adv. for accused present. Next Purpose: FOR ARGUMENTS Next Hearing Date: 02-03-2024 Date: 02-03-2024 Business: Complainant Present. Ld Adv. for complainant present. Exh - 59 - Written argument on behalf of complainant. O - Seen. Next Purpose: FOR ARGUMENTS Next Hearing Date: 28-03-2024 Date: 28-03-2024 Business: Complainant present with advocate. Accused present with advocate. Next Purpose: FOR ARGUMENTS Next Hearing Date: 10-04-2024 Date: 10-04-2024 Business: Complainant Present. Ld Adv. for complainant present. Next Purpose: FOR JUDGMENT 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-60 i. The accused No.1 M/s. R.R. Polynet Pvt. Ltd, its director accused no.2 Mr. Ram Singh & another director accused no.3 Mr. Vinay Singh are 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 Nos. 1 to 3 are hereby sentenced to pay fine of Rs. 2,75,000/- for the offence punishable U/s. 138 of N.I. Act, they shall pay said amount jointly or severally. In default of payment of fine, accused Nos. 2 and 3 shall suffer simple imprisonment for the period of Six months each. iii. After recovery of fine amount of Rs. 2,75,000/-, same shall be paid to the complainant by way of compensation Vide Section 357(1) of the Code of Criminal Procedure, subject to the orders of Honourable Appellate Court (if any). iv. Accused to surrender their 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
Additional Case Details
Additional Case Details
Filing Number: 3402/2018 Filing Date: 26-02-2018 First Hearing Date: 09th August 2018 Decision Date: 04th May 2024 Court Number And Judge: 48-Judicial Magistrate (First Class), 48th Court
Orders
1Final Order 1Full order available
04 May 2024
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