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Summons Private cases SS

PETRONAS LUBRICANTS INDIA PVT. LTDVsM/S. AKSHAT TRACTORS +1 more

CNR MHMM19004656201848-Judicial Magistrate (First Class), 48th Court
CASE DISPOSED
Contested--CONVICTED
Decision Date: 23rd February 2023

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
1793/2018
Registration Date
13 Apr 2018

Advocates

1

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    Representation of the People Act · Sec 138

    Case History / Proceedings

    Case History
    Date: 10-08-2018
    Business: Ld. M.M. is on leave. Charge with M.M. 63rd court. Ex.5-Appln. for TOR Court fees defaced challan-Allowed.
    Next Purpose: FOR VERIFICATION
    Next Hearing Date: 12-10-2018
    
    Date: 12-10-2018
    Business: As per roznama.
    Next Purpose: FOR VERIFICATION
    Next Hearing Date: 19-03-2019
    
    Date: 19-03-2019
    Business: as per roznama.
    Next Purpose: FOR VERIFICATION
    Next Hearing Date: 22-08-2019
    
    Date: 22-08-2019
    Business: LD. M.M. is on leave.  Board discharged.
    Next Purpose: NOT HEARD AT 2.45 P.M.
    Next Hearing Date: 27-12-2019
    
    Date: 27-12-2019
    Business: Ld. M.M. is on leave. Charge with Ld. M.M. 65th Court. Board discharged.
    Next Purpose: FOR HEARING
    Next Hearing Date: 04-03-2020
    
    Date: 04-03-2020
    Business: Adv for both sides pt.
    For say.
    Next Purpose: PART HEARD
    Next Hearing Date: 23-04-2020
    
    Date: 23-04-2020
    Business: LOCK DOWN EXTENDED UPTO 03/05/2020
    Next Purpose: PART HEARD
    Next Hearing Date: 06-06-2020
    
    Date: 06-06-2020
    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: PART HEARD
    Next Hearing Date: 06-07-2020
    
    Date: 06-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: PART HEARD
    Next Hearing Date: 24-09-2020
    
    Date: 24-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: PART HEARD
    Next Hearing Date: 26-10-2020
    
    Date: 26-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: PART HEARD
    Next Hearing Date: 04-12-2020
    
    Date: 04-12-2020
    Business: Adv for complt pt. Adv for accud ab.
    for say.
    Next Purpose: PART HEARD
    Next Hearing Date: 13-01-2021
    
    Date: 13-01-2021
    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: 20-07-2021
    
    Date: 20-07-2021
    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. Exh. - 14 - Accused absent and exempted. Ld. Adv. for accused present. Exh. - 15 - Adjournment application of complainant granted as last chance. For further chief and cross examination.
    Next Purpose: PART HEARD
    Next Hearing Date: 11-10-2021
    
    Date: 11-10-2021
    Business: Complainant present with advocate. Exh. 16 - Accused No. 02 absent and exempted. Exh. - 17 - An application by the Ld. Adv. for complainant to tender resolution dated 14-12-2017 and letter of authority dated 15-12-2017 and original minutes of meeting dated 14-12-2017 with copy of pages 1, 2, 9 and 10. Further Examination in chief of Arvind Narayan on Exh. - 12 by Ld. Adv. M. S Dhavale for the complainant resumed on S. A. Cross examination by Ld. Adv. Vrushabh Savla for accused is adjourned till next date
    Next Purpose: PART  HEARD AT  2.45P.M.
    Next Hearing Date: 22-11-2021
    
    Date: 22-11-2021
    Business: Advocate for complainant present.
    Advocate for accused present.
    Exh. No. 34 - An application for adjournment filed by Adv. for accused. O - Adj. Granted as a last chance.
    For cross-examination.
    Next Purpose: PART  HEARD AT  2.45P.M.
    Next Hearing Date: 30-12-2021
    
    Date: 30-12-2021
    Business: Ld. Metropolitan magistrate is on leave. Charge with Ld. Metropolitan Magistrate, 65th Court, Andheri, Mumbai. Board Discharged.
    Next Purpose: PART  HEARD AT  2.45P.M.
    Next Hearing Date: 13-01-2022
    
    Date: 13-01-2022
    Business: Ld. Metropolitan Magistrate is on leave. Board discharged. Charge with Ld. Metropolitan Magistrate, 63rd Court, Andheri, Mumbai.
    Next Purpose: PART  HEARD AT  2.45P.M.
    Next Hearing Date: 17-03-2022
    
    Date: 17-03-2022
    Business: Complainant and his Adv. present.
    Accused absent. Adv. for accused present.
    Exh. No. 35 - An application by Adv. for accused for exemption. O - Granted.
    On S. A. further cross-examination of Arvind Shingal by Adv. Puja Gupta for accused.
    Cross-examination is over.
    No re-examination.
    Exh. No. 36 - Evidence closing pursis by Adv. for complainant.
    Matter is fixed for statement, on 31-03-2022, in 2nd session.
    Next Purpose: FOR STATEMENT U/sec 313
    Next Hearing Date: 31-03-2022
    
    Date: 31-03-2022
    Business: Complainant present. Ld. Adv. for complainant Present. Ld. Adv. for accused present. Exh - 37 - App on behalf of complainant for NBW against accused no-2. O- App allowed Issue NBW against accused. Exh - 38 - Statement of accused u/sec 313 of Cr.P.C. Exh - 39 - App for cancellation of warrant. O - Warrant concealed as last chance without any penalty.
    Next Purpose: FOR STATEMENT U/sec 313
    Next Hearing Date: 26-04-2022
    
    Date: 26-04-2022
    Business: Accused absent.  Ld. Adv. for accused present.
    Exh - 40 - App for adjournment.
    O - Adjournment Granted as a last chance.
    Next Purpose: FOR STATEMENT U/sec 313
    Next Hearing Date: 02-06-2022
    
    Date: 02-06-2022
    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: FOR STATEMENT U/sec 313
    Next Hearing Date: 01-07-2022
    
    Date: 01-07-2022
    Business: Complainant present.  Ld. Adv. For Complainant present. Accused absent Ld. Adv. for accused Present.
    Exh - 41 - App for exemption of accused no-2. O - Granted.
    Exh - 42 - App for adjournment. O - Adjournment granted as prayed.
    Next Purpose: FOR STATEMENT U/sec 313
    Next Hearing Date: 25-07-2022
    
    Date: 25-07-2022
    Business: Complainant and his adv. present.
    Adv. for accused present.
    Exh. No. 43 - An application by Adv. for accused for exemption. O - Granted for today only.
    Exh. No. 44 - An application by Adv. for accused for adjournment. O - Granted as a last chance.
    Matter is fixed for defence evidence, in 2nd session.
    Next Purpose: PART  HEARD AT  2.45P.M.
    Next Hearing Date: 17-08-2022
    
    Date: 17-08-2022
    Business: Complainant present.  Ld. Adv. for complainant present.   Accused absent Ld. Adv. for accused Present.
    Exh - 44 - App for exemption on behalf of accused.
    Order below Exh - 1 -
    Matter was fixed for defense evidence. Accused did not lead evidence though sufficient time granted.  Ld Advocate for accused has submitted that matter be kept for argument.  In such circumstances, defense evidence is closed and case is fixed for argument on 14/09/2022.
    Next Purpose: FOR ARGUMENTS
    Next Hearing Date: 14-09-2022
    
    Date: 14-09-2022
    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 for today only.
    Next Purpose: FOR ARGUMENTS
    Next Hearing Date: 21-09-2022
    
    Date: 21-09-2022
    Business: Complainant Present. Ld Adv. for Complainant Present.
    Accused absent. Ld Adv. for accused absent.
    Exh - 46 - Written argument on behalf of complainant. O - Seen.
    Next Purpose: FOR ARGUMENTS
    Next Hearing Date: 14-10-2022
    
    Date: 14-10-2022
    Business: Complainant absent. Ld Adv. for complainant present.
    Order Below Exh-1
    Today accused and his advocate absent.
    Last chance is granted to accused for his argument. Else matter will be proceed without his argument.
    Exh - 46 - Written argument behalf of complainant. O - Seen.
    Next Purpose: FOR ARGUMENT AT 2.45
    Next Hearing Date: 13-12-2022
    
    Date: 13-12-2022
    Business: Complainant absent. Ld Adv. for complainant present.
    Accused absent. Ld Adv. for accused present.
    Exh - 47 - App for adjournment on behalf of accused. O - Adjournment granted as a last chance.
    Exh - 48 - App for exemption on behalf of accused. O - Granted.
    Next Purpose: FOR ARGUMENT AT 2.45
    Next Hearing Date: 13-01-2023
    
    Date: 13-01-2023
    Business: Complainant absent. Ld Adv. for complainant absent.
    Accused absent. Ld Adv. for accused present.
    Exh - 49 - App for exemption on behalf of accused. O - Granted.Exh - 50 - Written arguments on behalf of the accused.
    O - Seen.
    Next Purpose: FOR ARGUMENT AT 2.45
    Next Hearing Date: 10-02-2023
    
    Date: 10-02-2023
    Business: Complainant Present. Ld Adv. for complainant present.
    Accused absent. Ld Adv. for accused present.
    Exh - 51 - App for exemption on behalf of accused. O - Granted for today only.
    Next Purpose: FOR ARGUMENT AT 2.45
    Next Hearing Date: 20-02-2023
    
    Date: 20-02-2023
    Business: Complainant Present. Ld Adv. for complainant present.
    Accused absent. Ld Adv. for accused present.
    Exh - 52 App for exemption on behalf of accused. O - Granted.
    O - Granted as a last chance.
    Next Purpose: FOR ARGUMENT AT 2.45
    Next Hearing Date: 23-02-2023
    
    Date: 23-02-2023
    Business: Complainant present. Ld Adv. for complainant Present. Accused absent.
    Ld. Adv for accused Present.
    Exh - 53 - App for exemption on behalf of accused. O - Granted.
    Order Below Exh - 54 -
    i.	The accused No. 2 Mr. Sanjay Khaire- Proprietor of accused No. 1 M/s. Akshat Tractors 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 suffer simple imprisonment for period of Six months and to pay compensation of Rs. 45,00,000/- (Rs. Forty Five Lacs Only) to the complainant, vide Section 357(3) of the Code of Criminal Procedure. Accused shall pay above amount of compensation within two months from today, in default of payment of compensation, accused shall suffer further simple imprisonment for the period of One month.
    iii.	The amount of compensation realized from the accused, shall be paid to the complainant, subject to expiry of the appeal period or 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.	Today i.e. on the date of judgment accused remained absent, hence issue standing Non-bailable warrant against the accused for his arrest through concerned police station for execution of sentence in view of Section 418 (2) of Cr.P.C.
    vii.	The copy of this Judgment shall be send to the convicted accused, free of cost, immediately after it is prepared, in view of section 363(1) of the Code of Criminal Procedure, 1973.
    viii.  Dictated and pronounced in open court.
    Nature Of Disposal: CONVICTED
    Disposal Date: 23-02-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 5455/2018
    Filing Date: 13-04-2018
    First Hearing Date: 10th August 2018
    Decision Date: 23rd February 2023
    Court Number And Judge: 48-Judicial Magistrate (First Class), 48th Court

    Orders

    1
    Final Order 1Full order available
    23 Feb 2023

    Order Details: Copy of Judgment Pdf Text: 1 C. C. No. 1793/SS/2018 Filed on : 13/04/2018 Registered on : 13/04/2018 Decided on : 23/02/2023 Duration : 04Y.10M.10D. IN THE COURT OF METROPOLITAN MAGISTRATE 48TH COURT ANDHERI MUMBAI (Presided over by K. G. Sawant) Case No. 1793/SS/2018 CNR: MHMM190046562018 Exh. Petronas Lubricants (India) Pvt. Ltd. (formerly known as Petronas Marketing (India) Pvt. Ltd.) A Private Limited Company, dul incorporated under the companies Act and having their registered office earlier at 349,…

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