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Summons Private cases SS

MRS. SHAMA PARVEEN SUKUR SHAIKHVsMR. ARHAM ALI AND SHRI HAZI ARMAN ALI

CNR MHMM19004654201848-Judicial Magistrate (First Class), 48th Court
CASE DISPOSED
Contested--WITHDRAWN DURING OR AFTER EVIDENCE
Decision Date: 30th March 2023

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
1829/2018
Registration Date
13 Apr 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    NEGOTIABLE INSTRUMENTS ACT · Sec 138

    Case History / Proceedings

    Case History
    Date: 07-08-2018
    Business: Ld. M.M. is on leave. Board discharged.
    Next Purpose: FOR VERIFICATION
    Next Hearing Date: 09-10-2018
    
    Date: 09-10-2018
    Business: already fixed
    Next Purpose: FOR VERIFICATION
    Next Hearing Date: 10-10-2018
    
    Date: 10-10-2018
    Business: Compt. present with Adv. Ex.4-Verification. Ex.5-Pursis u/s.202 of Cr.P.C. Documents verified. Order passed below Ex.1-Process issued.
    Next Purpose: NOT HEARD AT 2.45 P.M.
    Next Hearing Date: 13-03-2019
    
    Date: 13-03-2019
    Business: Adv. for both side pt.Ex.6- VP. Ex.7- Appln. for exemption of accd. - Exemption granted lastly and directed to comply bail formalities by taking the matter on board within 15 days , failing which cost of Rs.1000-/- be deposited towards breach for state. Take note of this order.
    for bail and plea of accd.
    Next Purpose: NOT HEARD AT 2.45 P.M.
    Next Hearing Date: 19-07-2019
    
    Date: 19-07-2019
    Business: Adv. for compt. pt. Adv. for accd. ab. Ex. 8-Compt. exempted for today. for steps.
    Next Purpose: NOT HEARD AT 2.45 P.M.
    Next Hearing Date: 17-01-2020
    
    Date: 17-01-2020
    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: 26-03-2020
    
    Date: 26-03-2020
    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: 06-08-2020
    
    Date: 06-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NOT HEARD AT 2.45 P.M.
    Next Hearing Date: 11-11-2020
    
    Date: 11-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NOT HEARD AT 2.45 P.M.
    Next Hearing Date: 09-04-2021
    
    Date: 09-04-2021
    Business: Court is vacant. Board discharged Charge with 63rd Court, Andheri, Mumbai.
    Next Purpose: NOT HEARD AT 2.45 P.M.
    Next Hearing Date: 20-07-2021
    
    Date: 20-07-2021
    Business: Both parties absent.
    Next Purpose: NOT HEARD CASES
    Next Hearing Date: 23-09-2021
    
    Date: 23-09-2021
    Business: Exh. - 09 - Complainant absent and exempted. Ld. Adv. for complainant present. Accused and Ld. Adv. for accused absent. Exh. - 10 - An application for issuance of NBW is granted. For steps.
    Next Purpose: NOT HEARD CASES
    Next Hearing Date: 29-11-2021
    
    Date: 29-11-2021
    Business: Complainant and his Adv. present.
    Exh. No. 11 - An application for reissue of NBW against accused.  O - Re-issue NBW against accused.
    For report and steps.
    Next Purpose: NOT HEARD CASES
    Next Hearing Date: 01-02-2022
    
    Date: 01-02-2022
    Business: Accused and his Adv. present.
    Exh. No. 12 - An application by Adv. for accused for taking matter on today\''s board. O - Allowed.
    Exh. No. 13 - Vakalatnama. O - Seen and filed.
    Exh. No. 14 - An application by Adv. for accused to release accused on PR Bond. O - Accused is released on bail on executing PR and cash security of Rs. 5000/-.
    Exh. No. 15 - An application for cancellation of warrant. O - NBW against accused stands cancelled on subject to penalty of Rs. 300/-.
    Exh. No. 16 - PR and cash bond of accused.
    Exh. No. 17 - Plea of accused.
    Matter is fixed for evidence on 28-02-2022, in 1st session.
    Next Purpose: FOR HEARING
    Next Hearing Date: 28-02-2022
    
    Date: 28-02-2022
    Business: Exh. - 18 - Complainant absent. Ld. Adv. for complainant present. Exh. - 19 - Accused absent. Ld. Adv. for accused present. For evidence.
    Next Purpose: FOR HEARING
    Next Hearing Date: 16-03-2022
    
    Date: 16-03-2022
    Business: Complainant and his adv. present.
    Accused absent. Adv. for accused present.
    Exh. No. 20 - An affidavit in lieu of examination in chief. O - Read and recorded.
    Exh. No. 21 - List of documents. O - Call say of accused about admissibility of documents.
    Exh. No. 22 - An application by Adv. for accused for exemption. O - Granted.
    For further examination in chief.
    Next Purpose: PART HEARD
    Next Hearing Date: 31-03-2022
    
    Date: 31-03-2022
    Business: Complainant absent. Ld. Adv. for complainant present. Accused absent.  Ld. Adv. for accused present. Exh-23- App for Exemption. O-Granted. Exh-24 - App for say on document u/sec 294 of CR.P.C. O-Seen. Exh-25-App For adjournment for complainant. O- Adjournment Granted as last chance.
    Next Purpose: PART HEARD
    Next Hearing Date: 09-06-2022
    
    Date: 09-06-2022
    Business: Complainant absent. Ld. Adv. for complainant present.
    Accused absent. Ld. Adv. for accused present.
    Exh - 26 - App for adjournment on behalf of complainant. O - Adjournment granted as last chance.
    O
    Next Purpose: PART HEARD
    Next Hearing Date: 20-07-2022
    
    Date: 20-07-2022
    Business: Complainant and his Adv. absent.
    Accused absent. Adv. for accused present.
    Exh. No. 27 - 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: 29-08-2022
    
    Date: 29-08-2022
    Business: Complainant and his Adv. present.
    Adv. for accused present.
    On S. A. further examination in chief of Shama Parveen Shaikh by Adv. R. K. Singh for complainant.
    Ld. Adv. A. K. Dubey for accused has denied all the documents.
    Exh. No. 28 and 29 - Original cheques.
    Exh. No. 30 and 31 - Cheque returned memos.
    Exh. No. 32 - Office copy of notice.
    Exh. No. 33 and 34 - Postal receipts.
    Cross-examination by Adv. A. K. Dubey for accused.
    On oral request of Adv. for accused, mater is adjourned for cross-examination till next date.
    Exh. No. 35 - An application by Adv. for accused for exemption. O - Granted for today only.
    For cross-examination.
    Next Purpose: PART HEARD
    Next Hearing Date: 04-10-2022
    
    Date: 04-10-2022
    Business: Complainant absent. 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 - App for adjournment on behalf of complainant. O - adjournment granted as a last chance.
    Next Purpose: PART HEARD
    Next Hearing Date: 03-11-2022
    
    Date: 03-11-2022
    Business: Complainant and his Adv. present.
    Adv. for accused present.
    Exh. No. 38 - An application by Adv. for accused for exemption. O - Granted for today only.
    On S. A. cross-examination of Shama Shaikh by Adv. A. K. Dubey for accused.
    Accused and his Adv. are absent when called. Hence, matter to proceed without cross-examinaton on the part of accused.
    No cross-examination.
    For further evidence.
    Next Purpose: PART HEARD
    Next Hearing Date: 03-12-2022
    
    Date: 03-12-2022
    Business: Complainant absent. Ld. Adv. for complainant present.  Accused absent. Ld. Adv. for accused present. Exh. - 40 is kept for say of complainant, Ld. Adv. for complainant filed his say and in view of the same no cross order is set aside subject to cost of Rs. 3000/- payable by accused to the complainant.
    Next Purpose: PART HEARD
    Next Hearing Date: 12-01-2023
    
    Date: 12-01-2023
    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 for today only.
    Next Purpose: PART HEARD
    Next Hearing Date: 20-02-2023
    
    Date: 20-02-2023
    Business: Complainant absent. Ld Adv. for complainant present.
    Accused absent. Ld Adv. for accused present.
    Exh - 41 - App for exemption on behalf of accused. O - Granted.
    Exh - 42 - Application for substitution of complainant. O Other side to say.
    Exh - 43 - Affidavit in support of substitution application. O - Allowed and accepted.
    Next Purpose: PART HEARD
    Next Hearing Date: 30-03-2023
    
    Date: 30-03-2023
    Business: Complainant Present. Ld Adv. for complainant present.
    Exh - 43 - App for withdrawal of complaint.
    O - Seen and verified IP Proof contents. passed detail order on separate page.
    Order Below Exh-43
    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-43 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-43 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: 30-03-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 5507/2018
    Filing Date: 13-04-2018
    First Hearing Date: 07th August 2018
    Decision Date: 30th March 2023
    Court Number And Judge: 48-Judicial Magistrate (First Class), 48th Court

    Orders

    1
    Final Order 1
    30 Mar 2023
    Order Details: Copy  of Judgment
    Pdf Text: C. C. No. 1829/SS/2018
    CNR No. :MHMM190046542018
    Mrs. Shama Parveen Sukur Shaikh.
    V/s.
    Mr. Arham Ali S/o. Shri Hazi Arman Ali.
    ORDER BELOW EXHIBIT NO.1
    This is a partheard matter. Today the complainant has filed
    application at Exh. 43 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. 43),
    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 : 30/03/2023
    (K. G. Sawant)
    Metropolitan Magistrate
    48th Court, Andheri, Mumbai
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