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Summons Private cases SS

KOKUYO CAMLIN LIMITEDVsM/S. VEER METALS +1 more

CNR MHMM19005017201848-Judicial Magistrate (First Class), 48th Court
CASE DISPOSED
Contested--CONVICTED
Decision Date: 29th May 2023

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
1957/2018
Registration Date
24 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: 24-07-2018
    Business: Ld. M.M. is on leave, board discharged.  Adjd. to
    Next Purpose: FOR VERIFICATION
    Next Hearing Date: 12-10-2018
    
    Date: 12-10-2018
    Business: Complainant pt. with adv. Ex. 4-Verification. Ex. 5-Pursis. Documents verified. Order passed. process issued
    Next Purpose: FOR VERIFICATION
    Next Hearing Date: 22-03-2019
    
    Date: 22-03-2019
    Business: As 21-03-2019 is declared as Holiday on account of Holi Case taken on today board. Ld. M.M. is on leave today. Board discharged.
    Next Purpose: FOR VERIFICATION
    Next Hearing Date: 23-08-2019
    
    Date: 23-08-2019
    Business: As 23-8-2019 declared holiday on account of Gokulashtami. Board discharged.
    Next Purpose: FOR VERIFICATION
    Next Hearing Date: 05-11-2019
    
    Date: 05-11-2019
    Business: Adv. for compt. pt. Await summons report.
    Next Purpose: FOR VERIFICATION
    Next Hearing Date: 09-03-2020
    
    Date: 09-03-2020
    Business: Ld. M. M. is on Leave. Board Discharged. Charge with Ld. M. M. 65th Court.
    Next Purpose: FOR VERIFICATION
    Next Hearing Date: 19-06-2020
    
    Date: 19-06-2020
    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: FOR VERIFICATION
    Next Hearing Date: 18-09-2020
    
    Date: 18-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR VERIFICATION
    Next Hearing Date: 25-01-2021
    
    Date: 25-01-2021
    Business: Court is vacant. Board discharged.
    Next Purpose: NOT HEARD AT 2.45 P.M.
    Next Hearing Date: 11-05-2021
    
    Date: 11-05-2021
    Business: Court is vacant. Charge is with the Honorable Metropolitan Magistrate, 22nd Court, Andheri, Mumbai. As per Office Circular bearing No. CMM/OC/11/2021, office of the Honorable C. M. M., Esplanade, Mumbai dated 22/04/2021 board is discharged.
    Next Purpose: NOT HEARD AT 2.45 P.M.
    Next Hearing Date: 26-08-2021
    
    Date: 26-08-2021
    Business: Ld. Adv. for complainant present and filed application for fresh summons and the same is granted.
    Next Purpose: NOT HEARD AT 2.45 P.M.
    Next Hearing Date: 22-11-2021
    
    Date: 22-11-2021
    Business: Complainant and his advocate present.
    Accused and his advocate present.
    Exh. No. 08 - Vakalatnama filed by accused. O - Seen.
    Exh. No. 09 - An application for bail. O - Accused is released on bail on executing PR and cash security of Rs. 5000/-
    Exh. No. 10 - Bond of accused.
    Exh. No. 11 - Plea of Accused.
    For evidence.
    Next Purpose: FOR HEARING
    Next Hearing Date: 09-12-2021
    
    Date: 09-12-2021
    Business: Complainant and his Adv. present.
    Accused absent. Adv. for accused present.
    Exh. No. 12 - An affidavit in lieu of examination-in-chief. O - Read and recorded.
    Exh. No. 13 - List of documents. O - Call say of accused about admissibility of documents.
    For further examination-in-chief.
    Next Purpose: FOR HEARING
    Next Hearing Date: 22-12-2021
    
    Date: 22-12-2021
    Business: Complainant and his Adv. present.
    Adv. for accused present.
    On S. A. further examination-in-chief of complainant by Adv. for complainant.
    Exh. No. 14 - Board resolution.
    Exh. No. 15 - Agreement.
    Exh.No. 16 - Invoice dt. 29-01-2016.
    Exh. No. 17 - Purchase order.
    Article A - Statement of account.
    Exh. No. 18 - Original cheque.
    Exh. No. 19 - Cheque return memo.
    Exh. No. 20 - Office copy of notice.
    Exh. No. 21 to 24 - Postal receipts.
    Exh. No. 25 to 28 - Acknowledgement cards.
    Cross-examination by Adv. for accused.
    On oral request of Adv. for accused, matter is adjourned for cross-examination till next date.
    Next Purpose: PART HEARD
    Next Hearing Date: 20-01-2022
    
    Date: 20-01-2022
    Business: Complainant present with advocate. Accused and Ld. Adv. for accused absent.
    Next Purpose: PART HEARD
    Next Hearing Date: 23-02-2022
    
    Date: 23-02-2022
    Business: Complainant present with advocate. Accused absent. Ld. Adv. for accused present.
    Next Purpose: PART HEARD
    Next Hearing Date: 22-03-2022
    
    Date: 22-03-2022
    Business: Complainant and his Adv. present.
    Accused and his Adv. present.
    Exh. No. 29 - An application by Adv. for Complainant for seeking permission to refer e-mails. O - Call say of accused about admissibility of documents.
    Exh. No. 30 - An application by adv. for complainant for seeking permission to produce minutes of meeting. O - Call say of accused.
    Next Purpose: PART HEARD
    Next Hearing Date: 13-04-2022
    
    Date: 13-04-2022
    Business: Ld. Metropolitan Magistrate, 48th Court, Andheri, Mumbai is on leave during 1st Session, charge is with Ld.  Metropolitan Magistrate, 63rd Court, Andheri, Mumbai. Board discharged 1st Session.
    Next Purpose: PART HEARD
    Next Hearing Date: 26-05-2022
    
    Date: 26-05-2022
    Business: Ld. Metropolitan Magistrate is on concession leave, charge with Ld. Metropolitan Magistrate, 65th Court, Andheri, Mumbai.
    Next Purpose: PART HEARD
    Next Hearing Date: 28-06-2022
    
    Date: 28-06-2022
    Business: Complainant absent.  Ld. Adv. For Complainant present. Accused and  Ld. Adv. for accused Present.
    Exh - 29 - Say of accused on the app dated 22/03/2022 filed by complainant to refer e-mail. O - Seen.
    Next Purpose: PART HEARD
    Next Hearing Date: 06-07-2022
    
    Date: 06-07-2022
    Business: Complainant present.  Ld. Adv. For Complainant present. Accused and  Ld. Adv. for accused Present.
    Next Purpose: PART HEARD
    Next Hearing Date: 03-08-2022
    
    Date: 03-08-2022
    Business: Complainant present.  Ld. Adv. for complainant present.   Accused and Ld. Adv. for accused Present .
    Exh - 30 - App u/sec 311 of Criminal Procedure Code 1973 for recalling of witness Mr. Jayant Deshpande the legal manager and Authorised Sinatory fo co. O - Other side to say.
    Next Purpose: PART HEARD
    Next Hearing Date: 26-08-2022
    
    Date: 26-08-2022
    Business: Adv. for complainant present.
    Adv. for accused present.
    Exh. No. 31 - Reply on behalf of accused to the application filed by complainant U/sec. 311 of Cr. P. C. O - Seen.
    Order passed below Exh. No. 30 - Application moved by Complainant for recall of witness is hereby allowed subject to cost of Rs. 2500/- payable by complainant to the accused.
    Next Purpose: PART HEARD
    Next Hearing Date: 22-09-2022
    
    Date: 22-09-2022
    Business: Complainant Present. Ld Adv. for Complainant Present.
    Accused Present. Ld Adv. for accused present.
    Exh - 32 - Additional affidavit of evidence of examination-in-chief of Jayant Pralhat deshpande on behalf of the complainant.
    O - Read and Record.
    Exh - 33 - App for payment of cost on behalf of complainant of Rs.2500/-
    O - Seen.
    Next Purpose: PART HEARD
    Next Hearing Date: 02-11-2022
    
    Date: 02-11-2022
    Business: complainant present. Adv. for complainant present.
    Adv. for accused present.
    Exh. No. 35 - Say/reply of accused. O - Seen.
    On S. A. further examination in chief of Jayant Deshpande by Adv. Padma Singh for complainant.
    Ld. Adv. S. N. Imam for accused has denied all the documents by filing his say and raised objection to give exhibit numbers.
    Exh. No. 36 - Verified copy of minutes of meeting.
    Exh. No. 37 collectively - Printout of four e-mails supported by certificate U/sec. 65(B) of evidence act.
    Cross-examination by Adv. S. N. Imam for accused.
    Cross-examination is over.
    No re-examination.
    For further evidence.
    Next Purpose: PART HEARD
    Next Hearing Date: 28-11-2022
    
    Date: 28-11-2022
    Business: Complainant absent. Ld Adv. for complainant present.
    Accused Present. Ld Adv. for accused present.
    Exh - 38 - App for closing evidence of complainant. O - Seen.
    Next Purpose: FOR STATEMENT U/sec 313
    Next Hearing Date: 15-12-2022
    
    Date: 15-12-2022
    Business: Adv. for complainant present.
    Accused and his Adv. present.
    Exh. No. 39 - Statement of accused U/sec. 313 of Cr. P. C.
    Matter is fixed for final argument.
    Next Purpose: FOR ARGUMENTS
    Next Hearing Date: 16-01-2023
    
    Date: 16-01-2023
    Business: Complainant absent. 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: FOR ARGUMENTS
    Next Hearing Date: 06-02-2023
    
    Date: 06-02-2023
    Business: Complainant Present. Ld Adv. for complainant present.
    Accused Present. Ld Adv. for accused present.
    Exh - 40 - Memorandum of written argument behalf of the complainant u/sec 314 of Cr.P.C.
    Next Purpose: FOR ARGUMENTS
    Next Hearing Date: 27-02-2023
    
    Date: 27-02-2023
    Business: Complainant Present. Ld Adv. for complainant present.
    Accused Present. Ld Adv. for accused present.
    Exh - 41 - App for adjournment on behalf of accused. o - Adjournment granted as a last chance
    Next Purpose: FOR ARGUMENTS
    Next Hearing Date: 10-03-2023
    
    Date: 10-03-2023
    Business: Complainant Present. Ld Adv. for complainant present.
    Accused absent. Ld Adv. for accused present.
    Next Purpose: FOR ARGUMENTS
    Next Hearing Date: 23-03-2023
    
    Date: 23-03-2023
    Business: Complainant Present. Ld Adv. for complainant present.
    Accused Present. Ld Adv. for accused present.
    Next Purpose: FOR ARGUMENTS
    Next Hearing Date: 18-04-2023
    
    Date: 18-04-2023
    Business: Complainant Present. Ld Adv. for complainant present.
    Accused Present. Ld Adv. for accused present.
    Next Purpose: FOR ARGUMENTS
    Next Hearing Date: 15-05-2023
    
    Date: 15-05-2023
    Business: Metropolitan Magistrate is on Concession leave, charge with Ld. Metropolitan Magistrate, Railway Mobile Court, Andheri, Mumbai.
    Next Purpose: FOR ARGUMENTS
    Next Hearing Date: 29-05-2023
    
    Date: 29-05-2023
    Business: Complainant and his Adv. present.
    Accused and his Adv. present.
    Exh. No. 42 - Judgement pronounced in open Court.
    The accused no. 2 Mr. Chetan Panchal, proprietor of accused no. 1 M/s. veer metals is hereby convicted for the offence punishable U/sec. 138 of N. I. Act.
    Accused is hereby sentenced to suffer simple imprisonment for period of three months and further he shall pay compensation of Rs. 10,00,000/- to the complainant, vide section 357(3) of Cr. P. C., 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 15 days.
    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).
    Nature Of Disposal: CONVICTED
    Disposal Date: 29-05-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 5861/2018
    Filing Date: 24-04-2018
    First Hearing Date: 24th July 2018
    Decision Date: 29th May 2023
    Court Number And Judge: 48-Judicial Magistrate (First Class), 48th Court

    Orders

    1
    Final Order 1Full order available
    29 May 2023

    Order Details: Copy of Judgment Pdf Text: 1 C. C. No. 1957/SS/2018 Filed on : 24/04/2018 Registered on : 24/04/2018 Decided on : 29/05/2023 Duration : 05Y. 01M. 05D. IN THE COURT OF METROPOLITAN MAGISTRATE 48TH COURT ANDHERI MUMBAI (Presided over by K. G. Sawant) Case No. 1957/SS/2018 CNR: MHMM190050712018 Exh. No. Kokuyo Camlin Limited (KCL) Through its authorized signatory and Legal Representative Mr. Jayant Pralhad Deshpande, Aged : 47 years, 48/2, Hilton House, Central Road, M.I.D.C., Andheri (E), Mumbai…

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