Date: 13-05-2019
Business: Ld. M.M. is on Leave board discharged.
Next Purpose: FOR VERIFICATION
Next Hearing Date: 03-06-2019
Date: 03-06-2019
Business: Adv. for compt. pt. Ex. 5-Appln. for TOR court fee-Allowed. Ex.6-Verification. Documents verified. Keep for order.
Next Purpose: FOR VERIFICATION
Next Hearing Date: 17-07-2019
Date: 17-07-2019
Business: Adv. for compt. pt. Order passed below Ex.1-Process issued.
Next Purpose: FOR VERIFICATION
Next Hearing Date: 03-02-2020
Date: 03-02-2020
Business: Adv for both sides pt.
For deposit of cash amount.
Next Purpose: FOR HEARING
Next Hearing Date: 30-03-2020
Date: 30-03-2020
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: FOR HEARING
Next Hearing Date: 19-05-2020
Date: 19-05-2020
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: FOR HEARING
Next Hearing Date: 05-08-2020
Date: 05-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR HEARING
Next Hearing Date: 03-10-2020
Date: 03-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR HEARING
Next Hearing Date: 18-01-2021
Date: 18-01-2021
Business: Court is vacant. Board discharged.
Next Purpose: FOR HEARING
Next Hearing Date: 03-04-2021
Date: 03-04-2021
Business: Court is vacant. Board discharged Charge with 65th Court, Andheri, Mumbai.
Next Purpose: FOR HEARING
Next Hearing Date: 07-06-2021
Date: 07-06-2021
Business: 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: FOR HEARING
Next Hearing Date: 30-07-2021
Date: 30-07-2021
Business: Complainant present. Ld. Adv. A. P. Mishra for the complainant present. Accused present. Ld. Adv. for accused absent.
Next Purpose: FOR HEARING
Next Hearing Date: 24-09-2021
Date: 24-09-2021
Business: Both parties absent. Order passed below Exh. 01 that, complainant to take steps to proceed with the matter else, case will be dismissed on next date. Lateron complainant present with advocate. Exh. - 11 - Affidavit of Evidence of Akshay Pooranmal Jain, 24 Years filed by the Ld. Adv. for the complainant. -O- Read and recorded. Exh. - 12 - List of documents . -O- Seen and accused to say. Exh. - 13 - Affidavit cum Certificate under section 65 (B) of Indian Evidence Act of Aksha P. Jain. Exh. - 14 - An application for issuance of NBW is granted. For further examination in chief and cross examination.
Next Purpose: PART HEARD
Next Hearing Date: 26-10-2021
Date: 26-10-2021
Business: Complainant present with advocate. Accused and his advocate absent. Warrant issued vide Exh. - 14 dated - 24-09-2021 is collected today. For further chief and cross examination.
Next Purpose: PART HEARD
Next Hearing Date: 29-10-2021
Date: 29-10-2021
Business: Exh . - 14 - T.O.B application of Ld. Adv. for accused is allowed. Exh. - 15 - An application for cancellation of warrant is allowed subject to penalty of Rs. 500/-, accused paid the penalty. Exh. - 16 - An application for furnishing surety and the same is allowed along with affidavit thereof. Exh. - 17 - Surety Form of Bhavesh Suresh Shah. Exh. - 18 - Surety identification form. Exh. - 19 - PR Bond of accused along with surety form.
Next Purpose: PART HEARD
Next Hearing Date: 02-12-2021
Date: 02-12-2021
Business: Complainant absent. Ld. Adv. for complainant. Accused and Ld. Adv. for accused absent.
Next Purpose: PART HEARD
Next Hearing Date: 29-12-2021
Date: 29-12-2021
Business: Complainant present. Adv. for complainant present.
Adv. for accused present.
On S. A. further examination chief of complainant by Adv. for complainant.
Ld. Adv. for accused has denied all the documents filed by the complainant.
Article A - Copy of statement given to police.
Exh. No. 20 and 21 - Copy of two invoices.
Exh. No. 22 - Disputed cheque.
Article B - Cheque return memo.
Exh. No. 23 - Returned memo in handwriting.
Exh. No. 24 - Office copy of notice.
Exh. No. 25 - Reply from the accused.
Cross-examination by Adv. for accused.
On Oral request of Adv. for accused, matter is adjourned for cross-examination till next date.
Exh. No. 26 - An application by Adv. for accused for Adjournment for filing say. O - Already enough time granted. Application is rejected.
Order passed below Exh. No. 10-A.
Application is allowed. Accused is hereby directed to pay interim compensation to the extent of 20 percent of the cheque amount to the complainant withing period of 60days from the date of this Order. If accused has not complied this order, complainant is at liberty to recover said amount from the accused as per section 421 of Cr.P.C.
Next Purpose: PART HEARD
Next Hearing Date: 27-01-2022
Date: 27-01-2022
Business: Adv. for complainant present.
Accused present.
Next Purpose: PART HEARD
Next Hearing Date: 04-03-2022
Date: 04-03-2022
Business: Complainant present with advocate. Accused and Ld. Adv. for accused absent. An application for issuance of recovery warrant is granted.
Next Purpose: PART HEARD
Next Hearing Date: 11-04-2022
Date: 11-04-2022
Business: Complainant absent. Ld. Adv. for complainant present.Accused and Ld. Adv. for accused Present. Case Adjoined to next date
Next Purpose: PART HEARD
Next Hearing Date: 10-06-2022
Date: 10-06-2022
Business: Complainant and his Adv. present.
Accused and his Adv. absent.
For Cross-examination.
Next Purpose: PART HEARD
Next Hearing Date: 19-07-2022
Date: 19-07-2022
Business: Adv. for complainant present.
Accused present. Adv. for accused absent.
For bank witness.
Next Purpose: PART HEARD
Next Hearing Date: 20-08-2022
Date: 20-08-2022
Business: Complainant and his Adv. present.
Accused present, his Adv. absent.
On S. A. further cross-examination of Akshay Jain by Adv.Kantilal Gaikwad for accused.
Accused is present. Adv. for accused is absent. Accused did not conduct cross-examination. Hence, matter to proceed without cross-examination.
No cross-examination.
For further evidence.
Next Purpose: PART HEARD
Next Hearing Date: 26-09-2022
Date: 26-09-2022
Business: Complainant absent. Ld Adv. for Complainant Present.
Exh - 28 - Purses. O - Seen.
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 09-11-2022
Date: 09-11-2022
Business: Complainant present with advocate. Accused and Ld. Adv. for accused absent. Exh. 29 - An application for issuance of NBW against accused is granted. For steps.
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 16-12-2022
Date: 16-12-2022
Business: Accused Present. Ld Adv. for accused present.
Exh -30 - App for taken today on board. O - Allowed
Exh - 31 - Vakalatanama. - Seen.
Exh - 32 - App for cancellation of warrant.
O - BW against accused stand cancelled subject to penalty of Rs.2000/-
Exh - 33 - Statement of accused u/sec 313 of Cr.P.C. is recorded.
Next Purpose: PART HEARD
Next Hearing Date: 19-12-2022
Date: 19-12-2022
Business: Complainant Present. Ld Adv. for complainant present.
Accused Present. Ld Adv. for accused present.
Exh - 34 - App for u/sec 311 of Cr.P.C. to recalling the complainant.
O - Other side to say.
Next Purpose: PART HEARD
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: PART HEARD
Next Hearing Date: 16-02-2023
Date: 16-02-2023
Business: Complainant absent. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused present.
Order Below Exh-34 -
Heard both side and gone though record already sufficient time granted to
the accused but he failed to conduct the cross-examination still in the interest of justice no cross order is set aside and permission granted to cross-examination subject to cost of Rs.10000/- payable by accused to complainant
Next Purpose: PART HEARD
Next Hearing Date: 17-03-2023
Date: 17-03-2023
Business: Complainant Present.
Next Purpose: PART HEARD
Next Hearing Date: 20-04-2023
Date: 20-04-2023
Business: Complainant Present. Ld Adv. for complainant present.
Accused Present. Ld Adv. for accused present.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 07-06-2023
Date: 07-06-2023
Business: Complainant Present. Ld Adv. for complainant present.
Accused Present. Ld Adv. for accused present.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 27-06-2023
Date: 27-06-2023
Business: Complainant Present. Ld Adv. for complainant present.
Accused Present. Ld Adv. for accused present.
Exh - 35 - written argument on behalf of complainant. O - Seen.
Exh - 36 - written argument on behalf of accused. O - Seen.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 21-07-2023
Date: 21-07-2023
Business: Complainant Present. Ld. Adv. for Complainant Present. Accused Present.
Ld. Adv. for Accused Present.
Order Below Exh - 37
i. The accused Mr. Jayesh Mohanlal Jain- Proprietor of Yash Jewelers 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 hereby sentenced to suffer simple imprisonment for the period of Six months and he shall pay compensation of Rs. 60,00,000/- (Rs. Sixty Lacs) 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 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. 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. Accused is informed about having his right to prefer appeal against this judgment within a statutory period before Hon\''ble Sessions Court.
viii. Dictated and pronounced in open court.
Nature Of Disposal: CONVICTED
Disposal Date: 21-07-2023
