Date: 03-08-2018
Business: Ld. M.M. is on leave. Board discharged.
Next Purpose: FOR VERIFICATION
Next Hearing Date: 17-10-2018
Date: 17-10-2018
Business: Compt. pt. with Adv. Ex.4-Verification. Documents verified. Keep for arg.
Next Purpose: FOR VERIFICATION
Next Hearing Date: 21-12-2018
Date: 21-12-2018
Business: Adv. for compt. pt. for arg. on process.
Next Purpose: FOR VERIFICATION
Next Hearing Date: 25-04-2019
Date: 25-04-2019
Business: Adv. for compt. pt. Heard arguments on process. for order.
Next Purpose: FOR VERIFICATION
Next Hearing Date: 04-06-2019
Date: 04-06-2019
Business: Adv. for compt. pt. Order passed below Ex.1-Process issued against accd. no.s 1 and 3 only. The prayer in respect of accused Nos. 2 and 4 is rejected.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 06-11-2019
Date: 06-11-2019
Business: Adv. for compt. pt Adv. for accd. ab. Await summons report.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 20-03-2020
Date: 20-03-2020
Business: Ld. M.M. is on Leave. Charge with Ld.M.M. 63rd court. Board discharged.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 22-06-2020
Date: 22-06-2020
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: 09-10-2020
Date: 09-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 19-01-2021
Date: 19-01-2021
Business: Court is vacant. Board discharged.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 17-04-2021
Date: 17-04-2021
Business: As per Office Order No. ESTT.16/662/2021, C.M.M., ESPLANADE, MUMBAI, Dt. 07-04-2021, Board Discharged.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 27-08-2021
Date: 27-08-2021
Business: Complainant absent. Ld. Adv. for complainant present. Accused absent. Ld. Adv. for accused absent. Exh. 05 - An application by the Ld. Adv. for the complainant for issuance BWT against accused No. 03 and in view of the same it is directed to issue summons against accused No. 03. For steps.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 04-10-2021
Date: 04-10-2021
Business: Complainant absent his adv. present accused absent his adv. present Exh-06 Application for issue warrant against the accused. O- Accused absent issue BWT of Rs 10000/- for report.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 21-12-2021
Date: 21-12-2021
Business: Adv. for complainant present.
For report and steps.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 10-01-2022
Date: 10-01-2022
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: 16-02-2022
Date: 16-02-2022
Business: Adv. for complainant present.
For report and steps.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 11-03-2022
Date: 11-03-2022
Business: Complainant absent. Ld. Adv. for the complainant present. Accused no-3 present with Adv. Warrant is cancellation on admonition. accused is released on bail on execution P.R bond and Cash of Rs. 5000/-
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 01-04-2022
Date: 01-04-2022
Business: Complainant absent. Ld. Adv. for complainant present. Accused absent. Ld. Adv. for accused present. Exh - 13- App for adjournment. O-Granted. Exh - 14 - App for exemption. O - Granted.
Next Purpose: FOR HEARING
Next Hearing Date: 18-04-2022
Date: 18-04-2022
Business: Complainant and his Adv. present.
Accused absent. Adv. for accused present.
Exh. No. 15 - An affidavit in lieu of examination in chief. O - Read and recorded.
Exh. No. 16 - List of documents. O - Call say of accused about admissibility of documents.
Exh No. 17 - An application by Adv. for accused for exemption. O - Granted for today only.
For further examination-in-chief.
Next Purpose: PART HEARD
Next Hearing Date: 01-06-2022
Date: 01-06-2022
Business: Ld. Metropolitan Magistrate, 48th Court, Andheri, Mumbai is on Concession leave charge is with Ld. Metropolitan Magistrate, 65th Court, Andheri, Mumbai. Board Discharged.
Next Purpose: PART HEARD
Next Hearing Date: 19-07-2022
Date: 19-07-2022
Business: Complainant present. Ld. Adv. for complainant absent. Accused absent Ld. Adv. for accused Present.
Exh - 18 - App for adjournment. O - Adjournment granted as prayed.
Exh - 19 - App for exemption of the accused. O - Granted.
Next Purpose: PART HEARD
Next Hearing Date: 12-08-2022
Date: 12-08-2022
Business: Complainant present. Ld. Adv. for complainant present. Accused and Ld. Adv. for accused Present. On request of both parties case is adjourned on next date
Next Purpose: PART HEARD
Next Hearing Date: 29-09-2022
Date: 29-09-2022
Business: Complainant Present. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused absent.
Exh - 20 - App for NBW against the accused. O - Accused absent issue NBW against the accused.
Next Purpose: PART HEARD
Next Hearing Date: 19-10-2022
Date: 19-10-2022
Business: Accused Present. Ld Adv. for accused present.
Exh - 21 - App for taking matter on today board. O - Allowed.
Exh - 22 - App for cancellation of warrant.
O - NBW against the stand cancelled subject to penalty of Rs. 2000/-
Next Purpose: PART HEARD
Next Hearing Date: 21-10-2022
Date: 21-10-2022
Business: Complainant Present. Ld Adv. for complainant present.
Accused Present. Ld Adv. for accused present.
Exh.No.15 contd. Page No-15.
On S.A.further examination-in-chief of Bhupendra Damaniya By Advocate Leena Fernandes for the complainant
Exh - 15 - affidavit of examination-in-chief, contents true and correct.
Exh - 16 - filed document along with list.
Ld. Advocate Divakar Gond for accused has denied all the documents and raised objection to give exhibit numbers.
Exh - 23 - Power of attorney.
Article-A collectively - Quotation placed by complainant though email and work done details filed at serial no. 2 to 8.
Exh.24 and 25 - Original cheques.
Exh.26 and 27 - Cheque returned memo
Exh - 28 - Request letter dated 28-07/2017
Exh - 29 - Summary of bill raised dated 17/05/2017.
Article B - Xerox copy of cheque issue by accused to the complainant.
Exh - 30 - Ledger accued.
Exh - 31 to 34 - Tax invoice.
Article C collectively - Total 10 tax invoices filed at serial no-22.
Exh - 35 to 37 - Original disputed cheque.
Exh - 38 - Cheque returned memo.
Exh - 39 - Office copy of notice.
Exh - 40 and 43 - Postal receipt.
Cross-examination by Adv. Divakar Gond for accused.
( On oral request of advocate for accused, matter is adjourned for cross-examination till next date. )
Next Purpose: PART HEARD
Next Hearing Date: 01-12-2022
Date: 01-12-2022
Business: Complainant Present. Ld Adv. for complainant present.
Accused Present. Ld Adv. for accused present.
Exh. No.15 contd. Page No.16.
On S.A.cross-examination of Bhupendra Damaniya by Adv. Diwakar gond for accused.
( On oral request of advocate for complainant, cross-examination is deferred till next date. )
Next Purpose: PART HEARD
Next Hearing Date: 06-01-2023
Date: 06-01-2023
Business: Complainant Present. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused present.
Exh - 44 - App for exemption on behalf of accused. O - Granted.
Exh - 45 - App for adjournment on behalf of accused. O - Other side to say.
O - Adjournment granted as a last chance
Next Purpose: PART HEARD
Next Hearing Date: 09-02-2023
Date: 09-02-2023
Business: Complainant Present. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused absent.
Exh.No. 15 contd. Page No-17
On S.A.further cross-examination of Bhupendra Damaniya by Adv. 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: 16-03-2023
Date: 16-03-2023
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.
Next Purpose: PART HEARD
Next Hearing Date: 24-04-2023
Date: 24-04-2023
Business: Complainant Present. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused present.
Exh - 47 - Closing evidence purses.
O - Seen
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 18-05-2023
Date: 18-05-2023
Business: Metropolitan Magistrate is on Concession leave, charge with Ld. Metropolitan Magistrate, Railway Mobile Court, Andheri, Mumbai.
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 22-06-2023
Date: 22-06-2023
Business: Complainant Present. Ld Adv. for complainant absent.
Accused absent. Ld Adv. for accused absent.
Exh - 48 - App for issue NBW against the accused. O - issue NBW against the accused.
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 24-07-2023
Date: 24-07-2023
Business: On 07/07/2023 Warrant was executed
Exh - 49 - Accused is produce before me in executing of NBW. he has no complainant of ill treatment at the hands of police He is taken into MCR till His bail bond Stand forfeited.
Exh - 50 - Bail of the accused.
O - Order passed separate sheet
O - The accused no-3 Manoj Mishry is released on bail on executing SB and PB of Rs.15000/- If surety is not available, accused is at liberty to deposit cash amount of Rs.15000/- in lieu of surety. Earlier bail bond of the accused stand forfeited and earlier cash security it any be credited to the Government.
Exh - 50 - Exh - 16- PR bond and Cash Bond.
Complainant Present. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused present.
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 01-08-2023
Date: 01-08-2023
Business: Complainant Present. Ld Adv. for complainant present.
Accused Present. Ld Adv. for accused present.
Exh - 53 - Statement of Accused Manoj Mistri u/sec 313 of Cr.P.C. recorded.
Exh - 52 - App u/sec 311 of the Criminal procedure code.
O - Other side to say.
O - Heard both side and gone though record considering reasons stated no cross order against the accused set aside subject to cost of Rs.3000/- payable by accused to complainant.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 02-09-2023
Date: 02-09-2023
Business: Complainant Present. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused present.
Exh. No. 15 contd. Page No. 16.
On S.A. further cross-examination of Bhupendra Damaniya by Adv. Divakar Gond for accused.
Cross-examination is over.
No re-examination.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 25-09-2023
Date: 25-09-2023
Business: Metropolitan Magistrate is on leave, 1st session charge with Ld. Metropolitan Magistrate 44th court, Andheri, Mumbai.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 26-10-2023
Date: 26-10-2023
Business: Complainant absent. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused present.
Exh - 54 - App for exemption and adjournment on behalf of accused.
O - Granted as prayed.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 22-11-2023
Date: 22-11-2023
Business: Complainant Present. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused present.
Exh - 55 - App for exemption and adjournment on behalf of accused.
O - Adjournment granted as a last chance
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 06-12-2023
Date: 06-12-2023
Business: Metropolitan Magistrate is on leave, charge with Metropolitan Magistrate, 44th Court, Andheri, Mumbai.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 02-01-2024
Date: 02-01-2024
Business: Complainant Present. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused present.
Exh - 56 - App for adjournment and exemption 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 absent. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused present.
Exh - 57 - App for exemption on behalf of accused. O - Granted.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 29-02-2024
Date: 29-02-2024
Business: Complainant Present. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused present.
Exh - 58 - App for exemption on behalf of accused. O - Granted.
Exh - 59 - Written argument of behalf of complainant. O - Seen.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 04-04-2024
Date: 04-04-2024
Business: Complainant Present. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused present.
Exh - 60 - Written argument on behalf of accused no-3. O - Seen.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 06-05-2024
Date: 06-05-2024
Business: Complainant absent. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused present.
Order Below Exh-61
1] Accused No.1 M/s.Amritlal & Associates and accused No.3 Mr. Manoj Mistry are hereby acquitted vide Section 255(1) of Criminal Procedure code for an offence punishable under Section 138 r/w.141 of the Negotiable Instruments Act.
2] Bail bond of accused No.3 stands canceled.
3] Accused No.3 shall execute P.R. Bond of Rs.15,000/-, to appear before the Higher Court as and when such court issues notice in respect of any appeal or petition filed against this judgment, vide section 437 (A) of the Code of Criminal Procedure. Said bail bonds shall be in force for Six Months.
(Judgment is dictated and pronounced in open court.)
Nature Of Disposal: ACQUITTED
Disposal Date: 06-05-2024
