Date: 25-02-2019
Business: comptl. filed today.
Next Purpose: FOR VERIFICATION
Next Hearing Date: 29-04-2019
Date: 29-04-2019
Business: Board discharged as 29-4-2019 declared holiday on account of Election.
Next Purpose: FOR VERIFICATION
Next Hearing Date: 22-06-2019
Date: 22-06-2019
Business: Adv. for compt.pt. Ex.4-Verification. Documents verified. Keep for order.
Next Purpose: FOR VERIFICATION
Next Hearing Date: 18-07-2019
Date: 18-07-2019
Next Purpose: FOR VERIFICATION
Next Hearing Date: 24-01-2020
Date: 24-01-2020
Business: Adv for complt pt.
For Summons Report.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 14-05-2020
Date: 14-05-2020
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: 21-08-2020
Date: 21-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 04-12-2020
Date: 04-12-2020
Business: Adv for complt ab.
Exh.5- Appln for issue fresh summons to accud - Reissue summons to accud.
for report.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 22-04-2021
Date: 22-04-2021
Business: Court is Vacant. Charge with Ld. M. M. 63rd Court. Board Discharged.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 23-07-2021
Date: 23-07-2021
Business: Complainant present. Exh. - 06 - An application for issue fresh summons and the same is allowed.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 14-09-2021
Date: 14-09-2021
Business: Complainant present his adv. absent. for summons report.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 14-12-2021
Date: 14-12-2021
Business: Complainant and his Adv. present.
Exh. No. 7 - An application for issuing Warrant against the accused. O - Issue BWT of Rs. 10,000/- against accused.
For report and steps.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 04-02-2022
Date: 04-02-2022
Business: In view of Office order vide No. Estt.16/93/2022 of the Hon''ble Chief Metropolitan Magistrate''s Office, dt. 28-01-2022, Board is discharged.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 13-04-2022
Date: 13-04-2022
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 issue of NBW against accused and 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: 27-07-2022
Date: 27-07-2022
Business: Complainant Present. Ld. Adv. for complainant present. Accused and Ld. Adv. for accused Present .
Exh - 9 - Vakalatanama. O - Seen.
Exh - 10 - App for bail O - Accused is released on bail executing PR and cash security of Rs.10000/-
Exh - 11 - App for Seeking time for furnish bail amount. O - Time granted till next date deposit cash bail amt.
Exh - 12 - PR Bond.
Exh - 13 - Plea of accused.
Next Purpose: FOR HEARING
Next Hearing Date: 17-09-2022
Date: 17-09-2022
Business: Ld.Metropolitan Magistrate is on Leave, in 1st session charge with Ld. Metropolitan, Railway Mobile court, Andheri, Mumbai.
Next Purpose: FOR HEARING
Next Hearing Date: 01-11-2022
Date: 01-11-2022
Business: Complainant and his Adv. present.
Accused and his Adv. absent.
Exh. No. 14 - An affidavit in lieu of examination in chief. O - Read and recorded.
Exh. No. 15 - List of documents. O - Accused to say about admissibility of documents.
Exh. No. 16 - An application by Adv. for complainant for issuing warrant against accused. O - Issue NBW against accused.
Matter is fixed for further examination in chief on 14-12-2022, in 1st session.
Next Purpose: PART HEARD
Next Hearing Date: 14-12-2022
Date: 14-12-2022
Business: Complainant Present. Ld Adv. for complainant present.
Exh - 17 - App for issue NBW against the accused. O - issue NBW against the accused.
Exh - 18 - App for show cause notice to antop hill Po. Stn. O - Issue show cause notice to concerned PS
Next Purpose: PART HEARD
Next Hearing Date: 30-01-2023
Date: 30-01-2023
Business: Accused Present.
Exh - 19 - Warrant executed.
O - Accused produced before me today at 3.25 P.M. no complainant taken in MCR till 01-02-2023.
Next Purpose: PART HEARD
Next Hearing Date: 31-01-2023
Date: 31-01-2023
Business: Accused absent. Ld Adv. for accused present.
Exh - 20 - App for taken today on board. O - Allowed
Exh - 21 - Vakalatanama. - Seen.
Exh - 22 - App for bail - Accused is released on bail on executing PR bond of Rs.15000/- and on depositing cash security of Rs.15000/-
Exh - 23 - PR bond and Cash Bond.
Next Purpose: PART HEARD
Next Hearing Date: 01-02-2023
Date: 01-02-2023
Business: Complainant Present. Ld Adv. for complainant present.
Accused Present. Ld Adv. for accused present.
Exh.No.14 contd. Page No.07.
On S.A.further examination-in-chief of Prachi Karavade by Advocate Ninad Chauhan for the complainant.
Exh - 14 - affidavit of examination-in-chief, contents true and correct.
Exh - 15 - filed document along with list.
Ld.Advocate Pandurang Waghchourave for accused has denied all the documents and raised objection to give exhibit numbers.
Article - A - Receipt.
Article - B - Copy of Cheque no.169044
Article - C - Copy of sale deed.
Exh - 23 - Original cheque.
Article - D - cheque returned memo.
Exh - 24 - Office copy of notice.
Exh - 25 and 26 - Postal receipt.
Exh - 27 - A.D.Card.
Exh - 28 - Returned envelope.
Cross-examination by Adv. Pandurang Waghchourave for accued.
( On oral request of advocate for accused, matter is adjourned, for cross-examination till next date.)
Next Purpose: PART HEARD
Next Hearing Date: 13-03-2023
Date: 13-03-2023
Business: Complainant Present. Ld Adv. for complainant absent.
Accused Present. Ld Adv. for accused present.
On Oral request of both the parties case is adjourned next date
Next Purpose: PART HEARD
Next Hearing Date: 12-04-2023
Date: 12-04-2023
Business: Complainant Present. Ld Adv. for complainant absent.
Accused Present. Ld Adv. for accused present.
Exh - 29 - App for adjournment on behalf of accused. o - Adjournment granted as a last chance
Next Purpose: PART HEARD
Next Hearing Date: 17-05-2023
Date: 17-05-2023
Business: Metropolitan Magistrate is on Concession leave, charge with Metropolitan Magistrate, Railway Mobile Court, Andheri, Mumbai.
Next Purpose: PART HEARD
Next Hearing Date: 04-07-2023
Date: 04-07-2023
Business: Complainant Present. Ld Adv. for complainant present.
Accused Present. Ld Adv. for accused present.
Exh - 30 - App for adjournment on behalf of accused. o - Complainant and her advocate present reasons for adjournment are not proper Adjournment granted as a last chance subject to cost of Rs.3000/- payable by accused to complainant.
Next Purpose: PART HEARD
Next Hearing Date: 07-08-2023
Date: 07-08-2023
Business: Complainant Present. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused absent.
Exh - 31 - App for issue NBW against the accused. O - issue NBW against the accused.
Exh - 32 - App for no cross.
O - Accused did not conduct accused hence no cross order pass against the accused.
Exh. No. 14 contd. Page No. 08.
On S.A. cross-examination of Prachi Kharwade by Advocate for accused.
Inspite of opportunity given, accused did not conduct cross-examination. Hence matter to proceed without cross-examination. No cross-examination.
Next Purpose: PART HEARD
Next Hearing Date: 06-10-2023
Date: 06-10-2023
Business: Metropolitan Magistrate is on leave, charge with Metropolitan Magistrate, 44th Court, Andheri, Mumbai.
Complainant Present. Ld Adv. for complainant present.
Accused Present. Ld Adv. for accused present.
Exh - 33 - App for cancellation of warrant.
O - Considering reasons warrant stand cancelled subject to penalty of Rs.500/-
Next Purpose: PART HEARD
Next Hearing Date: 23-11-2023
Date: 23-11-2023
Date: 04-01-2024
Business: Complainant Present. Ld Adv. for complainant present.
Accused Present. Ld Adv. for accused present.
Exh. No. 36
Deposition of witness no-2 on behalf of complainant.
On S.A. Examination-in-chief by Advocate Ninand Chavhan for the complainant.
Cross-examination by Adv. Pandurang Wakchoure for accused.
Declied.
Exh - 37 - App for taking original bank account.
Exh - 38 - List of document.
Exh - 41 - App u/sec 311 of code of Criminal procedure for recall of witness.
O - Other side to say.
Exh - 42 - Closing evidence purses.
O - Seen.
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 07-02-2024
Date: 07-02-2024
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 - matter is for statement hence rejected.
Exh - 44 - App for production of bank statement. O - Allowed to produce.
Exh - 45 - List of document.
O - Seen.
Exh - 46 - App for issue NBW against the accused. O - issue NBW against the accused.
Later on Accused present.
Exh - 47 - App for cancellation of warrant.
O - NBW against the accused stand cancelled on admonition.
Exh - 48 - Statement of accused name Sudhakar Balaji Chavhan U/sec 313 of Cr.P.C. recorded.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 03-04-2024
Date: 03-04-2024
Business: Complainant Present. Ld Adv. for complainant absent.
Accused Present. Ld Adv. for accused present.
Order Below Exh - 41
Accused present. complainant Adv hailed session court considering reasons stand no cross order is set aside subject to cost of Rs.5000/- payable by accused to complainant. matter is fixed for cross examination 15-04-2024
Next Purpose: PART HEARD
Next Hearing Date: 22-04-2024
Date: 22-04-2024
Business: Complainant Present. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused present.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 29-04-2024
Date: 29-04-2024
Business: Complainant Present. Ld dv for complainant Present. Accused absent Ld. Adv for accused Present.
ORDER BELOW EXH.01
Accused had moved application at Exh. 41 U/s. 311 of Cr.P.C. for recall of complainant to conduct the cross-examination. That application of the accused was allowed vide order dated 03/04/2024. Already in this matter, statement of accused U/s. 313 of Cr.P.C. was recorded and case is fixed for argument. At this stage, accused was permitted to conduct the cross-examination of complainant but accused and his advocate did not remain present. On last date also complainant and his advocate were present. Today also since morning complainant and her advocate were present. Ld. Advocate for accused requested to keep back this matter for some time. However, now by this time i.e. 4.30 p.m. neither accused nor his advocate is appeared. In such circumstances, order passed below Exh. 41 stands canceled automatically. Accused neither complied said order nor conducted cross-examination. Hence, case is fixed for final argument. Ld. Advocate for complainant is ready to argue today itself.
Next Purpose: FOR ARGUMENT AT 2.45
Next Hearing Date: 29-05-2024
Date: 29-05-2024
Business: Complainant Present. Ld Adv. for complainant present.
Next Purpose: FOR ARGUMENT AT 2.45
Next Hearing Date: 15-06-2024
Date: 15-06-2024
Business: Complainant Present. Ld Adv for complainant Present.
Next Purpose: FOR ARGUMENT AT 2.45
Next Hearing Date: 08-07-2024
Date: 08-07-2024
Business: Judicial Magistrate (Fist Class), 48th court is on Leave , Charge with Judicial Magistrate (Fist Class), 44th Court, Andheri, Mumbai. Case is adjourned next date
Next Purpose: FOR ARGUMENT AT 2.45
Next Hearing Date: 16-07-2024
Date: 16-07-2024
Business: Complainant Present. Ld Adv for complainant Present.
Next Purpose: FOR ARGUMENT AT 2.45
Next Hearing Date: 25-07-2024
Date: 25-07-2024
Business: Judicial Magistrate (First Class), 48th court is on Leave , Charge with Judicial Magistrate (First Class), 44th Court, Andheri, Mumbai. Case is adjourned next date
Next Purpose: FOR ARGUMENT AT 2.45
Next Hearing Date: 02-08-2024
Date: 02-08-2024
Business: Complainant Present. Ld Adv for complainant Present.
Oral argument heard.
Next Purpose: FOR JUDGMENT
Next Hearing Date: 07-08-2024
Date: 07-08-2024
Business: Complainant Present. Ld Adv for complainant Present. Accused absent. Ld Adv for accused absent.
Order Below Exh-49
1. Accused Mr. Sudhakar Balaji Chavan, Age Adult is convicted under Section 255 2 of the Code of Criminal Procedure, 1973 for an offense punishable under Section 138 of the Negotiable Instruments Act, 1881 and sentenced to suffer simple Imprisonment for one month.
2. Accused is directed to pay compensation of Rs. 1,48,750/- Rs. One Lac Forty Eight Thousand Seven Hundred Fifty Only to the complainant within three months from today, in default to suffer Simple Imprisonment for Two months.
3. Accused to surrender to his bail bond.
04. Muddemal being an original cheque and bank memo, be returned to the complainant after appeal period is over.
5. 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.
6. 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.
7. The copy of this Judgment shall be send to the convicted accused, free of cost, in view of section 363 1 of the Code of Criminal Procedure, 1973.
8. Dictated and pronounced in open court.
Nature Of Disposal: CONVICTED
Disposal Date: 07-08-2024
