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Summons Private cases SS

MR. EKNATH BABURAO VICHAREVsMR. ANIL SADASHIV KUMBHAR

CNR MHMM19003952201848-Judicial Magistrate (First Class), 48th Court
CASE DISPOSED
Contested--WITHDRAWN DURING OR AFTER EVIDENCE
Decision Date: 19th December 2023

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
1481/2018
Registration Date
22 Mar 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Representation of the People Act · Sec 138

    Case History / Proceedings

    Case History
    Date: 18-06-2018
    Business: Compt. present. Adv. present. Ex. 4-Verification  Order passed below Ex. 1-Process issued.
    Next Purpose: NOT HEARD AT 2.45 P.M.
    Next Hearing Date: 09-10-2018
    
    Date: 09-10-2018
    Business: Adv. for both side present. Ex. 5-VP. Ex. 6-Appln. for bail- Accd. to furnish P.B. and S.B. of Rs.15000/-. Ex. 7-Appln. for seeking time to furnish surety-Allowed. Ex.8-Plea of accd. APNG.
    Next Purpose: FOR HEARING
    Next Hearing Date: 27-11-2018
    
    Date: 27-11-2018
    Business: Adv. for both side pt. Ex.9-VP. Ex.10-Appln. for permission to deposit cash -Allowed to deposit cash amt. for evidence.
    Next Purpose: FOR HEARING
    Next Hearing Date: 05-06-2019
    
    Date: 05-06-2019
    Business: As 05-06-2019  is declared as holiday on account of Idd. Adjourned to 06-06-2019
    Next Purpose: FOR HEARING
    Next Hearing Date: 06-06-2019
    
    Date: 06-06-2019
    Business: ADv. for compt. pt. Adv. for accd. ab. for reply on documents and further chief exam.
    Next Purpose: PART HEARD
    Next Hearing Date: 23-07-2019
    
    Date: 23-07-2019
    Business: complainant present his adv. present.
    Next Purpose: PART HEARD
    Next Hearing Date: 11-12-2019
    
    Date: 11-12-2019
    Business: LD.M.M. IS ON LEAVE. CHARGE WITH LD. M.M. 63RD COURT. BOARD DISCHARGED.
    Next Purpose: PART HEARD
    Next Hearing Date: 06-02-2020
    
    Date: 06-02-2020
    Business: Adv for complt pt.
    Ex.12- Appln for NBW - Issue NBW against accud.
    For report.
    Next Purpose: PART HEARD
    Next Hearing Date: 03-03-2020
    
    Date: 03-03-2020
    Business: Complainant present Adv. present Accused Absent his Adv. absent Ex-13 Application for show cause Notice to police stn. O- Issue Notice to concerned Police stn. for report. later on accused with Adv. present Ex-14 Police report O- Accused produced be time at 5.00 p.m. taken in to MCR ill 09-03-2020 Ex-15 Application for show cause notice to police O- issue notice to concerned police stn. Ex-16 VP O-Seen Ex-17 Application for Bail O-The accused is to furnish S.B and  P.B of Rs 10,000/- Ex-18 Application for deposit part cash bail Rs-3000/- O-permission granted to deposit part amount Rs 3000/- Ex-19 P.R bond or Rs 10000/- and cash bond of Rs 3000/- Bal. 7000/- for cash bail amount .
    Next Purpose: PART HEARD
    Next Hearing Date: 29-05-2020
    
    Date: 29-05-2020
    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.
    Reason For Adjournment: Lockdown extended upto 17th  May 2020
    Next Purpose: PART HEARD
    Next Hearing Date: 10-09-2020
    
    Date: 10-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: PART HEARD
    Next Hearing Date: 04-11-2020
    
    Date: 04-11-2020
    Business: Board discharged
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: PART HEARD
    Next Hearing Date: 18-01-2021
    
    Date: 18-01-2021
    Business: Court is vacant. Board discharged.
    Next Purpose: PART HEARD
    Next Hearing Date: 18-03-2021
    
    Date: 18-03-2021
    Business: Court is Vacant. Board discharged.
    Next Purpose: PART HEARD
    Next Hearing Date: 24-06-2021
    
    Date: 24-06-2021
    Business: Complainant present. Ld. Adv for complainant present. For report of NBW.
    Next Purpose: PART HEARD
    Next Hearing Date: 23-07-2021
    
    Date: 23-07-2021
    Business: Both parties absent
    Next Purpose: PART HEARD
    Next Hearing Date: 07-09-2021
    
    Date: 07-09-2021
    Business: Complainant present. Ld. Adv. for complainant present. Accused and Ld. Adv. for accused absent. Exh. - 20 - An application for issuance of NBW against accused is granted. For further examination in chief and cross examination.
    Next Purpose: PART HEARD
    Next Hearing Date: 16-10-2021
    
    Date: 16-10-2021
    Business: As per Chief Metropolitan Magistrate''s Office order no. Estt16/1692/2021, dt. 13-10-2021, Board is discharged, and cases are adjourned to 23-10-2021
    Next Purpose: PART HEARD
    Next Hearing Date: 23-10-2021
    
    Date: 23-10-2021
    Business: Complainant and accused present with their advocates. Exh. - 21 - An application for cancellation of warrant issued against accused and the same is cancelled subject to penalty of Rs. 1000/-. Exh. - 22 - Settlement Pursis filed by Ld. Advocates of both parties.
    Next Purpose: PART HEARD
    Next Hearing Date: 07-12-2021
    
    Date: 07-12-2021
    Business: Complainant and his Adv. present.
    Accused and his Adv. present.
    Next Purpose: PART HEARD
    Next Hearing Date: 20-01-2022
    
    Date: 20-01-2022
    Business: Ld. Adv. for complainant present. Accused and his advocate absent.
    Next Purpose: LOK-NYAYALAYA
    Next Hearing Date: 12-03-2022
    
    Date: 12-03-2022
    Business: Case is not Settled, case adjoined to Next Date
    Next Purpose: NOT HEARD CASES
    Next Hearing Date: 25-04-2022
    
    Date: 25-04-2022
    Business: Complainant absent. Ld. Adv. for the complainant present.
    Next Purpose: NOT HEARD CASES
    Next Hearing Date: 07-05-2022
    
    Date: 07-05-2022
    Business: Due to declared N.L.A. today, Hence Board discharged.
    Next Purpose: NOT HEARD CASES
    Next Hearing Date: 15-09-2022
    
    Date: 15-09-2022
    Business: Complainant present. Adv. for complainant present.
    Accused and his Adv. absent.
    Exh. No. 23 - An application by Adv. for complainant for issuing NBW against accused. O - Re-issue BWT of Rs. 10,000/- against accused.
    For report and steps.
    Next Purpose: NOT HEARD CASES
    Next Hearing Date: 19-12-2022
    
    Date: 19-12-2022
    Business: Complainant absent. Ld Adv. for complainant present.
    Exh - 24 - App for Re-issue NBW against the accused and show cause notice to Po. O - Re-issue NBW  against the accused and show cause notice as prayed.
    Next Purpose: NOT HEARD CASES
    Next Hearing Date: 17-03-2023
    
    Date: 17-03-2023
    Business: Complainant absent. Ld Adv. for complainant present.
    Next Purpose: NOT HEARD CASES
    Next Hearing Date: 14-06-2023
    
    Date: 14-06-2023
    Business: Complainant Present. Ld Adv. for complainant present.
    Accused Present. Ld Adv. for accused present.
    Exh - 25 - Vakalatanama. O - Seen
    Exh - 26 - App for cancellation of warrant.
    O - NBW against accused stand cancelled
    subject to penalty of Rs.500/-
    Exh - 27 - Plea of Accused.
    Next Purpose: FOR HEARING
    Next Hearing Date: 21-06-2023
    
    Date: 21-06-2023
    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.
    Exh. No. 11 contd. Page No. 05.
    On S.A. further examination-in-chief of Eknath Vichare by Advocate L.P.Dubey 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-11.
    I have filed documents along with list at Exh- 12
    Ld. Advocate Ravindra Mishra for accused has denied all the documents and raised objection to give exhibit numbers.
    Exh - 28 - Undertaking
    Exh - 29 - Promissory note.
    Exh - 30 -  Original cheque.
    Article A -  Cheque returned memo.
    Exh - 31 - Office copy of notice.
    Exh -  32- Postal receipt.
    Exh - 33 - A.D.Card.
    Exh - 34 - Track report.
    Cross-examination by Adv. Ravindra Mishra 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: 18-07-2023
    
    Date: 18-07-2023
    Business: Complainant Present. Ld Adv. for complainant present.
    Accused absent. Ld Adv. for accused present.
    On Oral request of both the parties case is adjourned next date
    Next Purpose: PART HEARD
    Next Hearing Date: 07-08-2023
    
    Date: 07-08-2023
    Business: Complainant absent. Ld Adv. for complainant absent.
    Accused absent. Ld Adv. for accused present.
    Later On Complainant Present. Ld Adv. for complainant present.
    Next Purpose: PART HEARD
    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: PART HEARD
    Next Hearing Date: 21-11-2023
    
    Date: 21-11-2023
    Business: Complainant Present. Ld Adv. for complainant present.
    Accused Present. Ld Adv. for accused present.
    Next Purpose: PART HEARD
    Next Hearing Date: 19-12-2023
    
    Date: 19-12-2023
    Business: Complainant Present. Ld Adv. for complainant present.
    Exh - 38 - App for withdrawal of complaint.
    O - Seen and verified IP Proof contents. passed detail order on separate page.
    Order Below Exh - 38
    By way of this application, complainant has submitted that matter is settled between complainant and accused and therefore complainant intends to withdraw this compliant.  Contents of application are verified form the complainant/ authorized representative of complainant.  He admitted contents of application a true and correct.  Hence, permission granted to withdraw the complaint and accordingly I proceed to pass necessary order below Exh-01.
    Exh-38 contending that matter is settled between the parties.  Hence, the complainant does not want to proceed with the matter.
    Order Below Exh-1
    This is a part-heard matter. Today the complainant has filed application at Exh-38 contending that matter is settled between the parties. Hence, the complainant does not want to proceed with the matter.
    In view of withdrawal application complainant is permitted to withdraw the case. Hence, following order.
    Order
    Case stands withdrawn u/sec 257 of the code of criminal procedure, 1973.
    The accused is acquitted. Bail bonds of accused stands cancelled.
    Court fees be refunded as per rule.
    The case is finally disposed off
    Nature Of Disposal: WITHDRAWN DURING OR AFTER EVIDENCE
    Disposal Date: 19-12-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 4563/2018
    Filing Date: 22-03-2018
    First Hearing Date: 18th June 2018
    Decision Date: 19th December 2023
    Court Number And Judge: 48-Judicial Magistrate (First Class), 48th Court

    Orders

    1
    Final Order 1
    19 Dec 2023
    Order Details: Copy  of Judgment
    Pdf Text: C. C. No. 1481/SS/2018
    CNR No. :MHMM19003952 2018
    Mr. Eknath Baburao Vichare.
    V/s.
    Mr. Anil Sadashiv Kumbhar.
    ORDER BELOW EXHIBIT NO.1
    This is a partheard matter. Today the complainant has filed
    application at Exh. 38 contending that matter is settled between the
    parties. Hence, the complainant does not want to proceed with the
    matter.
    In view of withdrawal application (Exh. No. 38),
    complainant is permitted to withdraw the case. Hence, following
    order:
    O R D E R
    1) Case stands withdrawn u/s 257 of the Code of Criminal
    Procedure, 1973.
    2) The accused is acquitted. Bail bonds of accused stands canceled.
    3) Court fees be refunded as per rule.
    4) The case is finally disposed off.
    Date : 19/12/2023
    Sd/
    (K. G. Sawant)
    Metropolitan Magistrate
    48th Court, Andheri, Mumbai
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