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Summons Private cases SS

MR. RAJENDRA MADHUKAR SAWANTVsM/S. SUPPLIER MAYUR MANGO +2 more

CNR MHMM19005148201848-Judicial Magistrate (First Class), 48th Court
CASE DISPOSED
Contested--CONVICTED
Decision Date: 16th July 2022

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
1998/2018
Registration Date
27 Apr 2018

Advocates

1

For Respondent

    Not available

    Parties

    4

    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. Board discharged.
    Next Purpose: FOR VERIFICATION
    Next Hearing Date: 29-10-2018
    
    Date: 29-10-2018
    Business: as per roznama.
    Next Purpose: FOR VERIFICATION
    Next Hearing Date: 05-04-2019
    
    Date: 05-04-2019
    Business: Adv. for compt. pt. Summons not collected. for report.
    Next Purpose: NOT HEARD AT 2.45 P.M.
    Next Hearing Date: 13-09-2019
    
    Date: 13-09-2019
    Business: Adv. for both side pt. for evidence.
    Next Purpose: FOR HEARING
    Next Hearing Date: 20-01-2020
    
    Date: 20-01-2020
    Business: LD.M.M. IS ON LEAVE. CHARGE WITH LD. M.M. 63RD COURT. BOARD DISCHARGED.
    Next Purpose: FOR HEARING
    Next Hearing Date: 19-03-2020
    
    Date: 19-03-2020
    Business: Ld. M.M. is on Leave. Charge with Ld.M.M. 63rd court. Board discharged.
    Next Purpose: FOR HEARING
    Next Hearing Date: 04-05-2020
    
    Date: 04-05-2020
    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: FOR HEARING
    Next Hearing Date: 17-07-2020
    
    Date: 17-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR HEARING
    Next Hearing Date: 14-10-2020
    
    Date: 14-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR HEARING
    Next Hearing Date: 20-01-2021
    
    Date: 20-01-2021
    Business: Court is vacant. Board discharged.
    Next Purpose: FOR HEARING
    Next Hearing Date: 23-02-2021
    
    Date: 23-02-2021
    Business: Court is Vacant. Board discharged.
    Next Purpose: FOR HEARING
    Next Hearing Date: 12-05-2021
    
    Date: 12-05-2021
    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: FOR HEARING
    Next Hearing Date: 07-08-2021
    
    Date: 07-08-2021
    Business: Complainant absent his adv. present accused absent his adv. present Exh-14 vakalatnama for complainant. O- Seen. for further chief exam.
    Next Purpose: FOR HEARING
    Next Hearing Date: 21-08-2021
    
    Date: 21-08-2021
    Business: Complainant present his adv. present accused present his adv. present Exh-15 Affidavit of examination in chief O- R and R. Exh-16 Along with list of document. Exh-17 Original agreement dt. 29-06-2017. Exh-18 Original cheque bearing no. 17737 is filed on recourd. Exh-19 Cheque memo issued by bank. Exh-20 Office copy of demand notice dated 16/03/2018 is filed on record. Exh-21 to 25 Postal receipts. Exh-26 to 28 Postal acknowledgement. Matter is adjourned for cross-examination on next date.
    Next Purpose: FOR HEARING
    Next Hearing Date: 16-09-2021
    
    Date: 16-09-2021
    Business: Complainant present his adv. present accused absent his adv. present Ex-29 Vakalatnama for accused. Exh-30 Exemption for accused. Exh-15 contd. cross examination of rajendra sawant by adv. R. N. kushwah for accused. on oral request of adv. for accused cross examination is deferred till next date.
    Next Purpose: PART HEARD
    Next Hearing Date: 30-09-2021
    
    Date: 30-09-2021
    Business: As per roznama
    Next Purpose: PART HEARD
    Next Hearing Date: 09-10-2021
    
    Date: 09-10-2021
    Business: As per roznama
    Next Purpose: PART HEARD
    Next Hearing Date: 18-10-2021
    
    Date: 18-10-2021
    Business: As per Chief Metropolitan Magistrate''s Office order no. Estt16/1692/2021, dt. 13-10-2021, Board is discharged.
    Next Purpose: PART HEARD
    Next Hearing Date: 27-11-2021
    
    Date: 27-11-2021
    Business: Complainant present with advocate. Accused present with advocate. Exh. - 29 - Vakalatnama filed by Ld. Adv. for accused. Exh, .- 30 - Adjournment application of Ld. Adv. for accused is granted for today only. For cross examination.
    Next Purpose: PART HEARD
    Next Hearing Date: 14-12-2021
    
    Date: 14-12-2021
    Business: AS PER ROZNAMA
    Next Purpose: PART HEARD
    Next Hearing Date: 12-01-2022
    
    Date: 12-01-2022
    Business: Ld. Metropolitan Magistrate is on leave. Board discharged. Charge with Ld. Metropolitan Magistrate, 63rd Court, Andheri, Mumbai.
    Next Purpose: PART HEARD
    Next Hearing Date: 21-02-2022
    
    Date: 21-02-2022
    Business: Complainant present with advocate. Accused No. 02 present. Ld. Adv. for accused Nos. 02 and 03 present. Exh. - 34 - Affidavit of evidence of Sanjay Chandrakant Pangerkar is read and recorded. Exh. - 35 - An application for production of documents by Ld. Adv. for accused and the same is allowed. Exh. - 36 - List of documents. - O - Allowed to produce. Exh. - 37 - Power of attorney. Cross over. No Re-Examination. Exh. - 38 - Accused No. 03 absent and exempted.
    Next Purpose: PART HEARD
    Next Hearing Date: 02-03-2022
    
    Date: 02-03-2022
    Business: Complainant present. Adv. for complainant present.
    Exh. No. 39 - Evidence closing pursis. O - Seen.
    Matter is fixed for Statement of accused U/sec. 313.
    Next Purpose: FOR STATEMENT U/sec 313
    Next Hearing Date: 05-03-2022
    
    Date: 05-03-2022
    Business: Complainant absent. Ld. Adv. for the complainant present. Accused and Ld. Adv. for accused absent. Exh. - 40 - An application by the Ld. Adv. for the complainant for issuance of NBW against accused and the same is allowed. For steps.
    Next Purpose: FOR STATEMENT U/sec 313
    Next Hearing Date: 01-04-2022
    
    Date: 01-04-2022
    Business: Complainant absent. Ld. Adv. for complainant present. Accused Present.  Ld. Adv. for accused present. Exh - 45 - Accused no 1 and 2 are recording statement of 313 Cr.P.C. Exh - 46 - Accused no 3 are recording statement of 313 Cr.P.C.
    Next Purpose: FOR ARGUMENTS
    Next Hearing Date: 20-04-2022
    
    Date: 20-04-2022
    Business: Complainant absent. Ld. Adv. for complainant present. Accused absent.  Ld. Adv. for accused present.
    Exh - 47 - Examine the deface witness.  O - Other side to say.
    Exh - 48 - App for exemption of accused no. 1 to 3. O - Granted as last chance.
    Next Purpose: FOR ARGUMENTS
    Next Hearing Date: 04-05-2022
    
    Date: 04-05-2022
    Business: Complainant present. Ld. Adv. for complainant present. Accused absent.  Ld. Adv. for accused present.
    Exh - 49 - Reply to application dated 20/04/2022 to examine defense Witness .
    Exh - 50 - App of exemption of accused no.2 and 3. O - Granted as last chance.
    Order below exhibit no-49 - App is allowed subject to condition that accused shall lead evidence without seeking any adjournment.
    Next Purpose: FOR ARGUMENTS
    Next Hearing Date: 07-06-2022
    
    Date: 07-06-2022
    Business: Adv. for complainant present.
    Adv. for accused present.
    Exh. No. 51 - Written argument on behalf of the complainant. Seen.
    Exh. No. 52 - List of citations. O - Seen.
    Exh. No. 53 - Written argument on behalf of the Accused. Seen.
    Exh. No. 54 - List of citations. O - Seen.
    Matter is fixed for judgment on 29-06-2022.
    Next Purpose: FOR JUDGMENT
    Next Hearing Date: 29-06-2022
    
    Date: 29-06-2022
    Business: Complainant present.  Ld. Adv. For Complainant present. Accused and  Ld. Adv. for accused Present.
    Next Purpose: FOR JUDGMENT
    Next Hearing Date: 06-07-2022
    
    Date: 06-07-2022
    Business: Complainant absent. Ld. Adv. for complainant present.  Accused absent Ld. Adv. for accused Present.
    Exh - 55 - App for exemption of accused.
    O - Accused absent case for Judgment.
    Hence exemption of is rejected.
    Next Purpose: FOR JUDGMENT
    Next Hearing Date: 16-07-2022
    
    Date: 16-07-2022
    Business: Complainant and his Adv. present.
    Accused and his Adv. present.
    The accused Mr. Sandeep Yashwant Pawaskar Proprietor of Supplier Mayur Mango 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.
    Accused is sentenced to suffer simple imprisonment for period of Six months and he shall pay compensation of Rs. 30,00,000/- (Rs. Thirty Lac 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 1 month.
    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).
    Accused No. 3 Vijaya Sandeep Pawaskar is hereby acquitted for the offence punishable under section 138 of the Negotiable Instrument Act, 1881 vide section 255(1) of the Code of Criminal Procedure, 1973.
    Bail bond of accused No. 3 stands cancelled.
    Accused No. 3 shall execute P.R. Bond of Rs. 15,000/- to appear before the Higher Court as and when such court issues notice in respect of any appeal or petition filed against this judgment vide section 437-A of the Code of Criminal Procedure.  Said bail bonds shall be in force for Six Months.
    Accused No. 2 to surrender his bail bonds.
    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.
    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.
    Dictated and pronounced in open court.
    Nature Of Disposal: CONVICTED
    Disposal Date: 16-07-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 5978/2018
    Filing Date: 27-04-2018
    First Hearing Date: 10th August 2018
    Decision Date: 16th July 2022
    Court Number And Judge: 48-Judicial Magistrate (First Class), 48th Court

    Orders

    1
    Final Order 1Full order available
    16 Jul 2022

    Order Details: Copy of Judgment Pdf Text: 1 /25 C. C. No. 1998/SS/2018 Filed on : 27/04/2018 Registered on : 27/04/2018 Decided on : 16/07/2022 Duration : 03Y. 02M. 19D. IN THE COURT OF METROPOLITAN MAGISTRATE 48TH COURT ANDHERI MUMBAI (Presided over by K. G. Sawant) Case No. 1998/SS/2018 CNR: : MHMM19005148 2018 Exh. No. Mr. Rajendra Madhukar Sawant. Age : 58 years, Occu : Business Residing at : 30/31, Juhu Ashish CHS. Ltd., JVPD Scheme, 10th Road, VileParle (W),…

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