Date: 29-06-2018
Business: Adv. for compt. present. Ex. 4-Verification. For documents verification and order.
Next Purpose: FOR VERIFICATION
Next Hearing Date: 03-10-2018
Date: 03-10-2018
Business: Adv. for compt. present. Documents verified. Order passed below Ex.1-Process issued.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 06-03-2019
Date: 06-03-2019
Business: Adv. for both side pt. for bail and plea of accd.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 20-03-2019
Date: 20-03-2019
Business: Case TOB. Accd. pt. with Adv.
Ex. 7-Appln. for TOB
Ex. 8-Appln. for bail of accused- Accused to furnish P.B. and S.B. of Rs.15000/- and in lieu of surety allowed to deposit cash amount of Rs.15000/-. Ex.9-Appln. for permission to grant time to furnish bail amount- Allowed time of one week only. Ex.10 - Bond of the accused. Ex. 11-Plea of accused.
for bail compliance.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 25-03-2019
Date: 25-03-2019
Business: Case TOB. Accd. pt. with Adv.
Ex.12-Appln. for TOB-Allowed.
Ex.13-Appln. for cash bail- Allowed.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 11-07-2019
Date: 11-07-2019
Business: Adv. for both side pt. Ex. 14-Compt. exempted for today. Ex. 15-Accd. exempted for today.
for evidence.
Next Purpose: FOR HEARING
Next Hearing Date: 04-12-2019
Date: 04-12-2019
Business: Adv. for compt. pt. Adv. for accd. ab. for further chief exam. of C.W.. no. 1 and NBW report.
Next Purpose: PART HEARD
Next Hearing Date: 04-02-2020
Date: 04-02-2020
Business: Adv for both sides pt.
Filed by appln for NBW.
Ex.19- Appln for cancellation of warrant - NBW against accud stands cancelled on penalty of Rs. 500/- - penalty paid.
For evidence.
Next Purpose: PART HEARD
Next Hearing Date: 28-04-2020
Date: 28-04-2020
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: 21-05-2020
Date: 21-05-2020
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.
Next Purpose: PART HEARD
Next Hearing Date: 08-07-2020
Date: 08-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: PART HEARD
Next Hearing Date: 17-09-2020
Date: 17-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: PART HEARD
Next Hearing Date: 24-11-2020
Date: 24-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: PART HEARD
Next Hearing Date: 04-02-2021
Date: 04-02-2021
Business: Court is vacant. Board discharged.
Next Purpose: PART HEARD
Next Hearing Date: 17-04-2021
Date: 17-04-2021
Business: As per Office Order No. ESTT.16/662/2021, C.M.M., ESPLANADE, MUMBAI, Dt. 07-04-2021, Board Discharged.
Next Purpose: PART HEARD
Next Hearing Date: 05-07-2021
Date: 05-07-2021
Business: Ld. Metropolitan Magistrate, 48th Court, Andheri, Mumbai is on leave charge is with Ld. Metropolitan Magistrate, 63rd Court, Andheri, Mumbai
Next Purpose: PART HEARD
Next Hearing Date: 03-09-2021
Date: 03-09-2021
Business: Complainant absent. Ld. Adv. for complainant present. Accused absent. Ld. Adv. for accused present.
Next Purpose: PART HEARD
Next Hearing Date: 12-10-2021
Date: 12-10-2021
Business: Both parties present with advocates.
Next Purpose: PART HEARD
Next Hearing Date: 20-11-2021
Date: 20-11-2021
Business: Complainant present with advocate. Exh. - 22 - Accused absent and exemption application is granted subject to cost of Rs. 1000/- to complainant. Exh. - 23 - An application for issuance of warrant is rejected as adjournment is granted. For further chief and cross examination.
Next Purpose: PART HEARD
Next Hearing Date: 02-12-2021
Date: 02-12-2021
Business: Complainant present with advocate. Accused present with advocate. Further Examination-in-chief of Prabhakar Javkar by Ld. Adv. Y. K. Chaudhary for the complainant. Cross examination by Ld. Adv. R. R. Pandey for the accused deferred till next date.
Next Purpose: PART HEARD
Next Hearing Date: 29-12-2021
Date: 29-12-2021
Business: Complainant and his Adv. present.
Accused present. Adv. for accused present.
Exh. No. 31 - An application by Accused for adjournment. O - O. S. to say. Say filed. O - Considering reasons stated. Adj. granted as a last chance.
Next Purpose: PART HEARD
Next Hearing Date: 18-01-2022
Date: 18-01-2022
Business: Complainant present with advocate. Accused and Ld. Adv. for accused absent.
Next Purpose: PART HEARD
Next Hearing Date: 16-02-2022
Date: 16-02-2022
Business: Complainant present with advocate. Accused absent. Ld. Adv. for accused present. Cross examination of Prabhakar Jawkar on Exh. - 16 by Ld. Adv. R. R. Pandey for accused on S. A. Further cross examination is deferred till next date.
Next Purpose: PART HEARD
Next Hearing Date: 15-03-2022
Date: 15-03-2022
Business: Complainant absent. Adv. for complainant present.
Accused absent. Adv. for accused present.
Exh. No. 32 - An application by Adv. for complainant for adjournment. O - Adj. granted as a last chance.
Exh. No. 33 - An application by Adv. for accused for exemption. O - Granted for today only.
For further cross-examination.
Next Purpose: PART HEARD
Next Hearing Date: 12-04-2022
Date: 12-04-2022
Business: Complainant present with advocate. Ld. Adv. for accused present. Exh. - 34 - An application by Ld. Adv. for accused for production of documents i. e. IT Returns and the same is allowed. Further cross examination of Prabhakar Jawakar on Exh. 16 by Ld. Adv. R. R. Pandey for accused on S. A. Cross Examination is over. No Re-Examination.
Next Purpose: PART HEARD AT 2.45P.M.
Next Hearing Date: 02-05-2022
Date: 02-05-2022
Business: Complainant present. Ld. Adv. for complainant present. Accused absent. Ld. Adv. for accused present. Exh - 35 - Purses. O - Seen .
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 09-05-2022
Date: 09-05-2022
Business: Complainant absent. Ld. Adv. for complainant present. Accused and Ld. Adv. for accused absent.
Exh - 36 - Issue NBW against accused.
O - Issue NBW against accused.
Later on in 2nd session accused and his Adv. was present.
Exh. No. 37 - Statement of accused U/sec. 313 of Cr.P.C.
Exh. No. 38 - An application by Adv. for accused for cancellation of warrant. O - NBW against accused stands canceled on admonition.
Matter is fixed for Defence evidence on 20-06-2022, in 1st session.
Next Purpose: PART HEARD
Next Hearing Date: 20-06-2022
Date: 20-06-2022
Business: Complainant absent. Adv. for complainant present.
Accused and his Adv. absent.
Order passed below Exh. No. 1. O - Accused absent. He did not lead evidence. Hence, evidence of accused is closed and case is fixed for argument.
Later on Adv. for accused present.
Exh. No. 39 - An application by Adv. for accused for exemption and adjournment. O - Already defence evidence is closed by passing order below Exh. No. 1. Hence, Application is rejected.
Matter is fixed for argument on 11-07-2022, in 1st session.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 11-07-2022
Date: 11-07-2022
Business: Complainant absent. Adv. for complainant present.
Accused present. Adv. for accused present.
Exh. No. 40 - An application by Adv. for accused for setting aside the order dt. 20-06-2022. O - O. S. to say. Say filed. O - permission is granted to accused to lead defence evidence on condition that, he should co-operate for speedy disposal of this matter and proceed with this matter without seeking further adjournments.
Exh. No. 41 - An affidavit of evidence in lieu of oral evidence of the accused. O - Read and recorded.
Exh. No. 42 - List of documents. O - Complainant to say about admissibility of documents.
Next Purpose: PART HEARD
Next Hearing Date: 10-08-2022
Date: 10-08-2022
Business: Adv. for complainant present.
Adv. for accused present.
Exh. No. 43 - An application by Adv. for accused for exemption and adjournment. O - O. S. to say. Say filed. O - Adjournment granted subject to cost of Rs. 500/- payable by accused to complainant.
Exh. No. 44 - An application by Adv. for complainant for issuing NBW against accused. O - Exemption granted. Hence rejected.
For Cross-examination of accused.
Next Purpose: PART HEARD
Next Hearing Date: 14-09-2022
Date: 14-09-2022
Business: Complainant present. Ld Adv. for Complainant Present.
Accused present. Ld Adv. for accused absent.
Exh - 45 - App for taken on record the statement of bank as original copy.
O - Allowed to produced.
Next Purpose: PART HEARD
Next Hearing Date: 20-10-2022
Date: 20-10-2022
Business: Complainant Absent. Ld Adv. for complainant present.
Accused Present. Ld Adv. for accused absent.
On Oral request of both the parties case is adjourned next date
Next Purpose: PART HEARD
Next Hearing Date: 02-12-2022
Date: 02-12-2022
Business: Complainant Present. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused absent.
Exh - 46 - App for issue NBW.
O - Accused absent issue NBW against the accused.
Next Purpose: PART HEARD
Next Hearing Date: 16-01-2023
Date: 16-01-2023
Business: Complainant Present. Ld Adv. for complainant present.
Accused Present. Ld Adv. for accused present.
Exh.No.41 contd. Page No.05.
On S.A.cross-examination of Bipin Shaha by Adv. Y.K. Choudhary for complainant.
Cross-examination is over.
No re-examination.
Exh - 47 - Purses . O - Seen.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 24-02-2023
Date: 24-02-2023
Business: Complainant Present. Ld Adv. for complainant absent.
Accused absent. Ld Adv. for accused present.
Exh - 48 - App for adjournment on behalf of accused. o - Adjournment granted as a last chance
Exh 49 - App for adjournment on behalf of complainant. o - granted
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 17-03-2023
Date: 17-03-2023
Business: Accused Present.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 12-04-2023
Date: 12-04-2023
Business: Complainant Present. Ld Adv. for complainant present.
Accused Present. Ld Adv. for accused present.
Exh - 49 - Written argument on behalf of complainant. O - Seen.
Exh - 50 - Written argument on behalf of accused. O - Seen.
On Oral request of both the parties date given on next date
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 06-06-2023
Date: 06-06-2023
Business: Complainant absent. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused present.
Next Purpose: JUDGEMENT 2.45 P.M.
Next Hearing Date: 15-06-2023
Date: 15-06-2023
Business: Complainant Absent. Ld. Adv for complainant Present. Accused Present.
Ld Adv. for accused Present.
Order Below Exh - 51.
i. The accused Mr. Bipin Damji Shah 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. 6,00,000/- (Rs. Six Lacs) 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 15 days.
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: 15-06-2023
