Date: 11-07-2018
Business: Ld. M.M. is on leave. Board discharged.
Next Purpose: FOR VERIFICATION
Next Hearing Date: 11-10-2018
Date: 11-10-2018
Business: Adv. for compt. pt. Ex. 5-Appln. for permission to affirm verification. Ex.6-Verification. Documents verified. Order passed below Ex.1-Process issued.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 18-03-2019
Date: 18-03-2019
Business: Both parties and their Adv. ab. No steps taken. Keep for dismissal order.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 21-12-2019
Date: 21-12-2019
Business: Adv. for compt. pt. Ex. 7-Appln. for fresh summon- Reissue summons as prayed.
for report.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 21-03-2020
Date: 21-03-2020
Business: Ld. M. M. is on leave charge is with Ld. M. M. 63rd Court, Andheri, Mumbai
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 26-06-2020
Date: 26-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 07-09-2020
Date: 07-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 29-12-2020
Date: 29-12-2020
Business: Ld. M.M. is on leave. Board discharged.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 23-04-2021
Date: 23-04-2021
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: 09-08-2021
Date: 09-08-2021
Business: Both parties absent.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 26-10-2021
Date: 26-10-2021
Business: Complainant present his adv. present accused absent his adv. absent Exh-08 Affidavit of evidence. O- R and R.
Exh-09 Compilation of originals. O- Seen.
Exh-10 Application for warrant. O- issue Bwt of rs 10000/- against accused. for 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.
For report and steps.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 01-01-2022
Date: 01-01-2022
Business: Adv. for complainant present.
Exh. No. 11 - An application by Adv. for complainant for issuing show cause notice to concerned police. O - Issue Notice to concerned P.I.
For report and steps.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 08-03-2022
Date: 08-03-2022
Business: Both parties absent.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 27-05-2022
Date: 27-05-2022
Business: Ld. Metropolitan Magistrate is on Concession leave. Charge with Ld. Metropolitan Magistrate, 65th Court, Andheri, Mumbai.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 18-07-2022
Date: 18-07-2022
Business: Adv. for complainant Present.
Accused and his Adv. absent.
Exh. No. 12 - An application by Adv. for complainant for issuing NBW against accused. O - Issue NBW against accused.
For report and steps.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 21-09-2022
Date: 21-09-2022
Business: Adv. for accused present.
Exh. No. 13 - An application by Adv. for accused for taking matter on today\''s board. O - Allowed.
Exh. No. 14 - V. P. filed by Adv. for accused. O - Seen.
Exh. No. 15 - An application by Adv. for accused for cancellation of NBW against accused. NBW against accused stands cancelled subject to penalty of Rs. 2000/- on condition that, Adv. for accused should record plea on behalf of accused and accused be kept present on next date.
Exh. No. 16 - Plea of accused recorded through Advocate.
Matter is fixed for further examination in chief on 11/10/2022, in 1st session.
Next Purpose: FOR HEARING
Next Hearing Date: 11-10-2022
Date: 11-10-2022
Business: Complainant Present. Ld Adv. for complainant absent.
Accused absent. Ld Adv. for accused present.
On Oral request of both the parties case is adjourned next date
Next Purpose: FOR HEARING
Next Hearing Date: 09-11-2022
Date: 09-11-2022
Business: Complainant present with advocate. Exh. - 18 - Accused absent and exempted. Ld. Adv. for accused present. Exh. - 19 - Adjournment application of accused is rejected. Further Examination in chief of Vinod Diwakar by Ld. Adv. Sandip Diwakar on Exh. - 08 on S. A. Exh. - 20 - Verified copy of saving passbook. Exh. - 21 and Exh. - 22 - Agreement for sale. Exh. - 23 and 24 - Original Cheques Nos. 000257 and 000259 respectively. Articles - A - B - Cheque return memos. Exh. - 25 - Office copy of demand notice. Exh. - 26 to Exh. - 29 - Returned envelope from the post along with postal receipts affixed on it. Exh. - 30 to 31 - Receipt of courier. Cross Examination by Ld. Adv. for accused is adjourned till next date.
Next Purpose: PART HEARD
Next Hearing Date: 15-12-2022
Date: 15-12-2022
Business: Complainant and his Adv. present.
Adv. for accused present.
An application by Adv. for accused for exemption. O - Granted for today only.
An application by Adv. for accused for adjournment. O - Granted as prayed.
Next Purpose: PART HEARD
Next Hearing Date: 10-01-2023
Date: 10-01-2023
Business: Complainant Present. Ld Adv. for complainant present.
Exh.No. 08 contd. Page No. 10.
On S.A. cross-examination of Vinod Diwakar by Advocate for accused.
Accused and his advocate are absent. Inspite of opportunity given, accused failed to conduct the cross-examination. Hence matter to proceed without cross-examination.
No cross-examination.
Next Purpose: PART HEARD
Next Hearing Date: 17-02-2023
Date: 17-02-2023
Business: Complainant Present. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused present.
Exh - 32 - App for exemption on behalf of accused. O - Granted.
Exh - 33 - App for adjournment on behalf of accused. o - Adjournment granted as a last chance subject to cost of Rs.1000/-
Exh - 34 - App u/sec 311 of Cr.P.C.for recalling the complainant
O - Other side to say
Next Purpose: PART HEARD
Next Hearing Date: 01-04-2023
Date: 01-04-2023
Business: Complainant Present. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused present.
Exh - 35 - App for exemption on behalf of accused. O - Granted.
Order below Exh-34
No cross order against accused is set aside subject to cost of Rs.3000/-payable by accused to complainant.
Exh.No.08 contd. Page No.11
On S.A.cross-examination of vinod Diwakar by Advocate Rajesh Dubey for accused.
Cross-examination is over
No re-examination.
Next Purpose: PART HEARD
Next Hearing Date: 12-06-2023
Date: 12-06-2023
Business: Complainant Present. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused present.
Exh - 36 - App for exemption on behalf of accused. O - Granted.
Exh - 37 - Purses for closing evidence.
O - Seen.
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 30-06-2023
Date: 30-06-2023
Business: Complainant Present. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused present.
Exh - 38 - App for exemption on behalf of accused. O - Granted.
Exh - 39 - App for recalling complainant for the purpose of cross-examination.
O - Other side to say.
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 17-07-2023
Date: 17-07-2023
Business: Complainant absent. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused present.
Exh - 40 - App for exemption on behalf of accused. O - Granted.
Exh - 41 - Reply on recalling of complainant for further cross examination. O - Seen.
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 28-07-2023
Date: 28-07-2023
Business: Complainant Present. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused present.
Order below Exh - 39 -
Today complainant is present. Heard both side and considering reasons and in the longer interest of justice no cross order is set aside subject to cost of Rs. 5000/- payable by accused to complainant.
Accused to remain present on next date.
Exh - 42 - App for exemption on behalf of accused. O - Granted.
Next Purpose: PART HEARD
Next Hearing Date: 28-08-2023
Date: 28-08-2023
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.
Exh - 44 - App for adjournment on behalf of accused. O - Other side to say.
o - Adjournment granted as a last chance
subject to cost of Rs.1000/-
Next Purpose: PART HEARD
Next Hearing Date: 13-10-2023
Date: 13-10-2023
Business: Complainant Present. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused present.
Exh - 45 - App for exemption on behalf of accused. O - Granted.
Exh - 46 - Production of document
O - Allowed.
Exh.No. 08 contd. Page No. 20.
( In View of order passed below Exh. 39, complainant is recalled on request of accused )
On S.A. further cross-examination of Vinod Divakar by Advocate Rajesh Dubey for accused.
Cross-examination is over.
No re-examination.
Exh - 47 - Closing evidence purses.
O - Seen.
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 06-11-2023
Date: 06-11-2023
Business: Complainant Present. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused present.
Exh - 48 - App for exemption on behalf of accused. O - Granted.
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 12-12-2023
Date: 12-12-2023
Business: Complainant Present. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused absent.
Exh - 49 - App for issue NBW against the accused. O - issue NBW against the accused.
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 14-12-2023
Date: 14-12-2023
Business: Accused Present. Ld Adv. for accused present.
Exh - 50 - App for taken today on board.
O - Allowed
Exh - 51 - NBW against accused stand cancelled subject to Penalty of Rs.1000/-
Exh - 52 - Statement of Accused name Peer Mohd Shaikh u/sec 313 of Cr.P.C. recorded.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 15-01-2024
Date: 15-01-2024
Business: Complainant Present. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused present.
Exh - 52 - Written argument on behalf of behalf of the complainant u/sec 314 of Cr.P.C. recorded.
O - Seen.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 13-02-2024
Date: 13-02-2024
Business: Complainant Present. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused present.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 11-03-2024
Date: 11-03-2024
Business: Complainant absent. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused present.
Exh - 54 - App for adjournment on behalf of complainant. o - Already sufficient time granted if accused failed to argue, judgement will be pronounce on next date.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 27-03-2024
Date: 27-03-2024
Business: Complainant present. Ld. Adv. for complainant absent. Accused absent. Ld. Adv. for accused present. Exh. - 55 - Adjournment application filed by Ld. Adv. for accused is granted.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 06-04-2024
Date: 06-04-2024
Business: Complainant Present. Ld Adv. for complainant absent.
Accused absent. Ld Adv. for accused present.
Exh - 56 - Written argument on behalf of the accused. O - Seen.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 30-04-2024
Date: 30-04-2024
Business: Complainant Present. Ld Adv. for complainant absent.
Accused absent. Ld Adv. for accused present.
Next Purpose: FOR JUDGMENT
Next Hearing Date: 22-05-2024
Date: 22-05-2024
Business: Complainant Present. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused present.
For oral argument.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 19-06-2024
Date: 19-06-2024
Business: Metropolitan Magistrate is on Leave , Charge with Metropolitan Magistrate,
44th Court, Andheri, Mumbai. Case is adjourned next date
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 24-07-2024
Date: 24-07-2024
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 ARGUMENTS
Next Hearing Date: 13-08-2024
Date: 13-08-2024
Business: Complainant Present. Ld Adv for complainant Present.
Accused absent. Ld Adv for accused Present.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 05-09-2024
Date: 05-09-2024
Business: Complainant Present. Ld Adv for complainant Present.
Accused Present. Ld Adv for accused Present.
For Judgement
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 25-10-2024
Date: 25-10-2024
Business: Complainant Present. Ld Adv for complainant Present.
Accused absent. Ld Adv for accused Present.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 26-11-2024
Date: 26-11-2024
Business: Complainant Present. Ld Adv for complainant Present.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 11-12-2024
Date: 11-12-2024
Business: Complainant absent. Ld Adv for complainant Present.
Accused absent. Ld Adv for accused Present.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 09-01-2025
Date: 09-01-2025
Business: Complainant Present. Ld Adv for complainant Present. Accused absent. Ld Adv for accused Present.
Order Below Exh-57
1.The accused Mr. Peer Mohammed Shaikh is hereby acquitted under Section 255 1 of the Criminal Procedure Code, 1973 for an offence punishable under Section 138 of the Negotiable Instrument Act,1881.
2. The bail bonds of accused stands canceled.
3. Muddemal being an original cheque and bank memo, be returned to the complainant after appeal period is over.
4. Accused is hereby directed to furnish personal bond of Rs. 15,000/- and surety of like amount to appear before Honble Appellate Court, in case of appeal filed by the prosecution, according to Section 437 A of the Code of Criminal Procedure, 1973.
Dictated & Pronounced in the open court
Nature Of Disposal: ACQUITTED
Disposal Date: 09-01-2025
