Date: 08-05-2019
Business: Adv. for compt. pt. Order passed below Ex.1-Process issued.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 14-11-2019
Date: 14-11-2019
Business: Adv. for complainant present awaiting report
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 06-04-2020
Date: 06-04-2020
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: 08-09-2020
Date: 08-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 12-01-2021
Date: 12-01-2021
Business: Court is vacant. Board discharged.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 16-04-2021
Date: 16-04-2021
Business: As per Office Order No. ESTT.16/678/2021, C.M.M., Esplanade, Mumbai, Dt. 12-04-2021, Board Discharged.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 03-08-2021
Date: 03-08-2021
Business: Both parties absent.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 22-09-2021
Date: 22-09-2021
Business: Complainant absent. Ld. Adv. for the complainant present. Accused and Ld. Adv. for accused absent. Exh. - 08 - Vakalatnama filed by the Ld. Adv. for the complainant. For steps.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 23-12-2021
Date: 23-12-2021
Business: Adv. for complainant present.
Exh. no. 9 - An application by Adv. for complainant for adjournment. O - Adj. granted as a last chance.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 14-01-2022
Date: 14-01-2022
Business: Ld. Metropolitan Magistrate is on leave. Board discharged. Charge with Ld. Metropolitan Magistrate, 63rd Court, Andheri, Mumbai.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 09-03-2022
Date: 09-03-2022
Business: Complainant present with advocate. Accused absent. Exh. - 10 - Affidavit of evidence of Dinesh Ganapathi Paranjape is read and recorded. Exh. - 11 - List of documents - O - Seen and accused to say about the admissibility of documents. For steps.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 21-04-2022
Date: 21-04-2022
Business: Complainant absent. Ld. Adv. for complainant present.
Exh - App for adjournment of complainant. O - Adjournment Granted as Prayed.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 12-07-2022
Date: 12-07-2022
Business: Complainant absent. Ld. Adv. for complainant present.
Exh. - 13- 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.
On request of both parties case is adjourned on next date
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 01-10-2022
Date: 01-10-2022
Business: Complainant Present. Ld Adv. for complainant present.
Accused Present. Ld Adv. for accused present.
Exh - 14 - Vakalatanama. - Seen.
Exh - 15 - App for cancellation of warrant.
O - BW against accused stand cancelled on admonition.
Exh - 16 - App for bail - Accused is released on bail on executing PR bond of Rs.15000/- and on depositing cash security of Rs.5000/-
Exh - 17 - PR bond and Cash Bond.
Exh - 18 - Plea of accused.
Next Purpose: PART HEARD
Next Hearing Date: 05-12-2022
Date: 05-12-2022
Business: Both Parties absent. Case is adjourned next date
Next Purpose: PART HEARD
Next Hearing Date: 19-01-2023
Date: 19-01-2023
Business: Both Parties absent. Case is adjourned next date
Next Purpose: PART HEARD
Next Hearing Date: 01-03-2023
Date: 01-03-2023
Business: Both Parties absent. Case is adjourned next date
Next Purpose: PART HEARD
Next Hearing Date: 18-04-2023
Date: 18-04-2023
Business: Complainant absent. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused absent.
Exh - 19 - App for issue NBW against the accused. O - issue NBW against the accused.
Next Purpose: PART HEARD
Next Hearing Date: 21-06-2023
Date: 21-06-2023
Business: Accused Present. Ld Adv. for accused present.
Exh -20 - App for taken today on board. O - Allowed
Exh - 21 - Vakalatanama. - Seen.
Exh - 22 - App for cancellation of warrant.
O - NBW against accused stand cancelled
subject to penalty of Rs.1000/-
Next Purpose: PART HEARD
Next Hearing Date: 26-06-2023
Date: 26-06-2023
Business: Complainant absent. Ld Adv. for complainant absent.
Accused absent. Ld Adv. for accused present.
Exh - 23 - App for adjournment on behalf of accused o - Adjournment granted as a last chance.
Next Purpose: PART HEARD
Next Hearing Date: 08-08-2023
Date: 08-08-2023
Business: Complainant absent. Ld Adv. for complainant absent.
Accused Present. Ld Adv. for accused present.
Next Purpose: PART HEARD
Next Hearing Date: 12-09-2023
Date: 12-09-2023
Business: Complainant Present. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused absent.
Exh. No. 10 contd. Page No. 07.
On S.A. further examination-in-chief of Dinsesh Paranjape by Adv. Sunil Behal for the complainant.
I have filed my affidavit of examination-in-chief which bears my signature, contents are true and correct, it is at Exh-10.
I have filed documents along with list at Exh- 11
Accused and his advocate are absent when called.
Article A and B - Copy of registration certificate.
Exh - 24 and 25 - Delivery challan and tax invoice
Exh - 26 and 27 - Original cheque.
Exh - 28 - Cheque returned memo.
Exh - 29 - Office copy of notice.
Exh - 30 - Postal receipt.
Exh - 31 - Returned envelope.
Cross-examination by Advocate for accused.
( Accused and his advocate are absent when called. Hence, matter to proceed without cross-examination.
No cross-examination.
Next Purpose: PART HEARD
Next Hearing Date: 03-11-2023
Date: 03-11-2023
Business: Complainant absent. Ld Adv. for complainant present.
Accused Present. Ld Adv. for accused present.
Exh - 32 - Closing evidence purses.
O - Seen.
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 29-11-2023
Date: 29-11-2023
Business: Complainant absent. Ld Adv. for complainant present.
Accused Present. Ld Adv. for accused present.
Exh - 33 - Statement of Accused name Sabir Rouf Mulla u/sec 313 of Cr.P.C. recorded
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 10-01-2024
Date: 10-01-2024
Business: Complainant absent. Ld Adv. for complainant present.
Accused Present. Ld Adv. for accused absent.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 08-02-2024
Date: 08-02-2024
Business: Complainant absent. Ld Adv. for complainant present.
Accused Present. Ld Adv. for accused absent.
Argument heard
Next Purpose: FOR JUDGMENT
Next Hearing Date: 01-03-2024
Date: 01-03-2024
Business: Complainant Present. Ld Adv for complainant Present. Accused present.
Ld Adv for accused Present.
Order Below Exh-34
i. The accused Mr. Sabir Rauf Mulla 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 pay fine of Rs. 1,50,000/- for the offence punishable U/s. 138 of N.I. Act. In default of payment of fine, accused shall suffer simple imprisonment for the period of Six months.
iii. After recovery of fine amount of Rs. 1,50,000/-, 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 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. Dictated and pronounced in open court.
Nature Of Disposal: CONVICTED
Disposal Date: 01-03-2024
