Date: 07-08-2018
Business: Ld. M.M. is on leave. Board discharged.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 26-10-2018
Date: 26-10-2018
Business: Complainant absent his adv. present accuse absent his adv. absent.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 11-03-2019
Date: 11-03-2019
Business: Adv. for compt. pt. for steps.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 21-08-2019
Date: 21-08-2019
Business: Ld. M.M. is on leave. Board discharged.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 12-02-2020
Date: 12-02-2020
Business: Adv for compt pt. Adv for accud ab.
Ex.6- Appln for B/W against accud - Issue B/W in sum of Rs. 10000/-.
For report.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 15-07-2020
Date: 15-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 27-10-2020
Date: 27-10-2020
Business: Board discharged.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 12-04-2021
Date: 12-04-2021
Business: As per Office Order No. ESTT.16/675/2021, C.M.M., Esplanade, Mumbai, Dt. 09-04-2021, Board Discharged.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 12-06-2021
Date: 12-06-2021
Business: As per Office Order bearing No. 16/902/2021 of Office of the Hon''ble C. M. M. Esplanade, Mumbai dated 07/06/2021, Saturday, dated 12/06/2021 is declared holiday to take the precautionary measures and to break the chain of spread of Corona Virus infection. Hence, board is discharged.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 01-09-2021
Date: 01-09-2021
Business: Both party absent. for steps.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 02-12-2021
Date: 02-12-2021
Business: Both parties absent.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 24-02-2022
Date: 24-02-2022
Business: Complainant absent. Ld. Adv. for the complainant present. Accused and Ld. Adv. for accused absent. Exh. - 07 - An application by the Ld. Adv. for the complainant for issuance of NBW against accused and the same is allowed. For steps.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 17-05-2022
Date: 17-05-2022
Business: Both parties absent. case is adjoined to Next Date
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 25-05-2022
Date: 25-05-2022
Business: Ld. Metropolitan Magistrate is on concession leave, charge with Ld. Metropolitan Magistrate, 65th Court, Andheri, Mumbai.
Exh. No. 8 - An application by Adv. for accused for taking matter on todays board. O- Allowed.
Exh. No. 9 - Vakalatnama filed byAdv. for accused. O - Filed.
Exh. No. 10 - An application by Adv. for accused for bail. O - Accused be released on bail on executing PB and SB of Rs. 15000/-
Exh. No. 11 - An application by Adv. for accused for cancellation of NBW. O - NBW be cancelled on penalty of Rs. 200/- and costs of Rs. 10,000/- be paid to the complainant.
Exh. No. 12 - PR bond and Surety bond of accused.
Exh. No. 13 - Plea of accused.
Matter is fixed for evidence, on 26-09-2022, in 1st session.
Next Purpose: FOR HEARING
Next Hearing Date: 26-09-2022
Date: 26-09-2022
Business: Complainant absent. Ld Adv. for Complainant Present.
Accused Present. Ld Adv. for accused absent.
Complainant absent when called. Case is fixed for evidence of complainant. Complainant is hereby directed to remain present and proceed with the case/lead evidence, else case will be dismissed on next date.
Next Purpose: FOR HEARING
Next Hearing Date: 15-11-2022
Date: 15-11-2022
Business: Complainant Present. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused present.
Exh - 14 - Vakalatanama on behalf of accused. O - Seen.
Exh - 15 - Affidavit of evidence of the complainant u/sec 145 of the NI Act.
O - Read and Record.
Exh - 16 - List of document.
O - Accused to say about admissibility of document.
Next Purpose: PART HEARD
Next Hearing Date: 09-12-2022
Date: 09-12-2022
Business: Complainant Present. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused present.
Exh.No.15 contd. Page No.09.
On S.A.furher examination-in-chief of Satyavijay Patade by Advocate Ramdas Kavade for the complainant.
Exh - 15 - affidavit of examination-in-chief, contents true and correct.
Exh - 16 - filed document along with list.
Ld. Advocate Subhash Upadhyay for accused has nenied all the documents and raised objection to give exhibit numbers.
Exh - 17 - Original cheque.
Exh - 18 - Cheque depositing slip.
Exh - 19 - Cheque returned memo.
Exh - 20 - Office copy of demand notice.
Exh - 21 - Returned envelope along with A.D.card and Potal receipt
Cross-examination by Adv. Subhash upadhayay 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: 17-01-2023
Date: 17-01-2023
Business: Complainant Present. Ld Adv. for complainant present.
Accused Present. Ld Adv. for accused present.
Exh - 22 - App for adjournment on behalf of accused. O - Other side to say.
O - - Adjournment granted as a last chance subject to cost of Rs.500/- payable by accused to complainant.
Next Purpose: PART HEARD
Next Hearing Date: 16-02-2023
Date: 16-02-2023
Business: Complainant Present. Ld Adv. for complainant present.
Accused Present. Ld Adv. for accused absent.
Exh - 23 - App for adjournment on behalf of accused. o - No Proper reasons for adjournment already adjournment granted as a last chance hence rejected.
Exh.No. 15 contd. Page No.10.
On S.A.cross-examination of Satyavijay Pathade by Advocate for accused.
Accused is present. Advocate for accused is absent. Inspite of opportunity given, accused and his advocate did not conduct cross-examination. Hence, matter to proceed without cross-examination .
No Cross-examination.
Exh - 24 - Purses. O - Seen.
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 06-03-2023
Date: 06-03-2023
Business: Complainant and his Adv. present.
Accused and his Adv. present.
Exh. No. 25 - Statement of Accused U/sec. 313 of Cr. P. C.
Exh. No. 26 - An application by Adv. for accused for setting aside of order dt. 16/02/2023 and recalling witness. O - O. S. to say. Say filed by complainant.
For order on Exh. No. 26.
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 12-04-2023
Date: 12-04-2023
Business: Complainant Present. Ld Adv. for complainant present.
Accused Present. Ld Adv. for accused absent.
Next Purpose: PART HEARD
Next Hearing Date: 24-04-2023
Date: 24-04-2023
Business: Complainant Present. Ld Adv. for complainant present.
Accused Present. Ld Adv. for accused present.
Order Below Exh-1
Today matter was fixed for defense evidence. Inspite of opportunity given, accused did not lead evidence. hence evidence of accused is closed and case is fixed for final argument on next date.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 06-06-2023
Date: 06-06-2023
Business: Complainant Present. Ld Adv. for complainant absent.
Accused Present. Ld Adv. for accused absent.
Exh - 27 - App for adjournment on behalf of accused.
O - Case is for argument yet complainant has not augured. Hence application allowed and time granted to accused to argued on next date.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 04-07-2023
Date: 04-07-2023
Business: Complainant Present. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused absent.
Order Below Exh 1
Today case is fixed for final arguments.
Complainant has argued in this matter.
Today accused and his advocate are absent. Inspite of opportunity is given, accused has failed to argue in this matter.
Still, one more last chance is granted to accused for his argument either written or orally, else matter will be proceed without his arguments and judgment will be pronounced on next date.
later on Accused absent. Ld Adv. for accused present.
Exh - 28 - App for exemption on behalf of accused. O - Granted.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 02-08-2023
Date: 02-08-2023
Business: Complainant Present. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused absent.
Later on Accused Present.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 01-09-2023
Date: 01-09-2023
Business: Complainant Present. Ld. Adv for complainant Present. Accused Present. Ld Adv for Accused Present.
Order Below Exh - 29
i. The accused Mr. Irfan Ahmed S/o. Mohd. Bashir 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 he shall pay compensation of Rs. 1,20,000/- (Rs. One Lac Twenty Thousand 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 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. The copy of this Judgment be provided free of cost to the accused, immediately after it is prepared, in view of section 363(1) of the Code of Criminal Procedure, 1973.
vii. Accused is informed about having his right to prefer appeal against this judgment within a statutory period before Hon\''ble Sessions Court.
viii. Dictated and pronounced in open court.
Nature Of Disposal: CONVICTED
Disposal Date: 01-09-2023
