Date: 20-08-2021
Business: Both party absent. for steps.
Next Purpose: FOR VERIFICATION
Next Hearing Date: 29-09-2021
Date: 29-09-2021
Business: Complainant present. Ld. Adv. for complainant absent. Ld. Adv. for accused and accused absent. Exh. - 07 - Affidavit of evidence of Nirmal Somaya is read and recorded. Exh. - 08 - List of documents. - O - Seen. Exh. - 09 - An application for issuance of BWT against accused. -O- Issue BWT of Rs. 10000/- against accused. For further chief and cross examination, bail, plea of accused.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 11-11-2021
Date: 11-11-2021
Business: Complainant absent. Ld. Adv. for complainant present. Accused present with advocate. Exh. - 10 - Vakalatnama filed by Ld. Adv. for accused. Exh. - 11 - List of documents. - O - Seen. Exh. - 12 - An application for bail. - O - Accused is released on bail on executing PR and Cash Securtiy of Rs. 5000/-. Exh. - 13 - PR Bond and Cash Bond of accused. Exh. - 14 - Plea of accused is recorded Accused pleaded not guilty to the charge. For Evidence.
Next Purpose: FOR HEARING AT 2.45 P.M.
Next Hearing Date: 10-12-2021
Date: 10-12-2021
Business: Complainant absent his adv present accused present his adv. absent Exh-14 Application for date adjournment. O- Ajs granted for cross examination.
Next Purpose: FOR HEARING AT 2.45 P.M.
Next Hearing Date: 11-01-2022
Date: 11-01-2022
Business: Ld. Metropolitan Magistrate is on leave. Board Discharged. Charge with Ld. Metropolitan Magistrate 63rd Court, Andheri, Mumbai.
Next Purpose: FOR HEARING AT 2.45 P.M.
Next Hearing Date: 25-02-2022
Date: 25-02-2022
Business: Complainant and his Adv. present.
Accused and his Adv. absent.
On S. A. further examination-in-chief of complainant by Adv. for complainant.
Ld. Adv. for accused had not filed say about the admissibility. Hence, documents are exhibited without objection of accused.
Exh. No. 15 - Original Cheque
Exh. No. 16 - Cheque returned memo.
Exh. No. 17 - Office copy of demand notice.
Exh. No. 18 - Postal Receipt.
Exh. No. 19 - Returned envelope.
Exh. No. 20 - Sealed envelope is opened and notice from envelope.
Cross-examination by Adv. for accused.
Accused and his Adv. are absent, hence matter to proceed without cross-examination of accused. No re-examination.
Exh. No. 21 - An application by Adv. for complainant for NBW. O - Issue NBW against accused.
Exh. No. 22 - An application by Adv. for complainant for issuing witness summons. O - Issue summons to witness.
Next Purpose: PART HEARD AT 2.45P.M.
Next Hearing Date: 29-03-2022
Date: 29-03-2022
Business: Complainant present. Ld. Adv. for complainant present. Accused Present. Ld. Adv. for accused present. Exh - 23 - Cancellation of NBW O - NBW against accused stand cancelled subject to penalty of Rs.1000/- Exh - 24 - deposition of witness no-2 on behalf of complainant. On S.A. Examination-in-chief by Adv. Veena Kamble for the complainant. Cross-examination by Adv Sanjay Mishra for accused. On Oral request of Adv. for accused, matter is adjourned for cross examination till next date.
Next Purpose: PART HEARD AT 2.45P.M.
Next Hearing Date: 12-04-2022
Date: 12-04-2022
Business: Complainant present. Ld. Adv. for complainant present. Accused absent. Ld. Adv. for accused present. Exh - 24 - App for issue of witness summons on bank representative. O - Issue summons as prayed.
Exh - 24 contd. On S.A. further examination-in-chief of Dharmendra Jadhav by Adv Veena Kamble for the complainant.
Cross-examination by Adv. Sanjay Mishra for accused.
On oral request of Adv.for accused, matter is adjourned for Cross-examination till next date.
Next Purpose: PART HEARD AT 2.45P.M.
Next Hearing Date: 06-05-2022
Date: 06-05-2022
Business: Complainant present. Ld. Adv. for complainant present. Witness is also Present. Accused Present. Ld. Adv. for accused present.
Next Purpose: PART HEARD AT 2.45P.M.
Next Hearing Date: 10-06-2022
Date: 10-06-2022
Business: Complainant and his Adv. present.
Accused absent his Adv. Present.
Exh - 26 - Affidavit of the complainant in lieu of examination in chief u/sec - 145 of N.I. Act. 1881 and since amended. O- Read and Record.
Exh - 27 - List of document. O- Call say of accused about admissibility of document.
Next Purpose: PART HEARD AT 2.45P.M.
Next Hearing Date: 12-07-2022
Date: 12-07-2022
Business: Complainant present. Ld. Adv. For Complainant present.
Exh - 28 - App for exemption of accused.
O - Granted.
Exh - 29 - App for adjournment. O - Other Side to say.
O - Heard both side and than matter considering recorded statement Adjournment us granted subject to cost of Rs.2000/- payable by accused to complainant.
Exh - 30 - App for NBW against accused O - Exemption is granted, hence app rejected.
Next Purpose: PART HEARD AT 2.45P.M.
Next Hearing Date: 01-08-2022
Date: 01-08-2022
Business: Complainant present. Ld. Adv. for complainant present. Accused Present . Ld. Adv. for accused absent .
Exh - 31 - App for adjournment.
O - There is no proper reasons for adjournment hence rejected.
Next Purpose: PART HEARD AT 2.45P.M.
Next Hearing Date: 23-08-2022
Date: 23-08-2022
Business: Complainant present. Ld. Adv. for complainant present. Accused and Ld. Adv. for accused Present.
Exh.No.26 contd. Page.No.04.
On S.A.cross-examination of Ram Puranik by Advcate Rajesh More for the accused.
Cross-examination is over.
No Re-examination.
Exh - 32 - Closing purses. O - Seen.
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 22-09-2022
Date: 22-09-2022
Business: Complainant present. Ld Adv. for Complainant Present.
Accused absent. Ld Adv. for accused present.
Exh - 33 - App for recalling of complainant.
O - Other side to say.
Exh - 34 - App for exemption of accused.\\
O - Granted for today only.
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 13-10-2022
Date: 13-10-2022
Business: Complainant Present. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused absent.
Exh - 35 - Reply of the complainant to the application of the accused for recalling the complainant. O - Seen.
Exh - 36 - App for NBW. O - Issue NBW against the accused.
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 15-10-2022
Date: 15-10-2022
Business: Accused absent. Ld Adv. for accused present.
Exh - 37 - App for taken on today board.
O - Allowed.
Exh - 38 - App for cancellation of warrant.
O - Accused absent matter is taken on today board. no proper reasons for absence still in the interest of justice NBW stand cancelled in absence of accused subject to penalty of Rs.3000/-
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 22-11-2022
Date: 22-11-2022
Business: Complainant Present. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused absent.
Order Below Exh-33.
Order - No Cross order passed against accused is hereby set-aside and permission granted to conduct the cross-examination of complainant subject to cost of Rs,10000/- payable by accused to complainant and on further condition that he should conduct the cross without seeking further adjournment. In case of failure on the part of accused to conduct the cross-examination, matter will proceed further without cross-examination of complainant on his part.
Exh - 39 -App for issue of NBW.
O - Issue NBW against the accused.
Exh - 40 - App for cancellation of warrant
O - Considering received warrant stayed till next date
Next Purpose: PART HEARD
Next Hearing Date: 19-12-2022
Date: 19-12-2022
Business: Complainant Present. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused absent.
Exh 26 contd. Page No05.
On S.A.cross-examination of Ram Puranik by Advocate Rajesh More for accused.
Inspite of opportunity given accused and his adovcate failed to conduct the cross after application for recall was allowed. He also failed to comply that order. Hence matter to proceed without cross-examination of complainant on the part of accused.
No cross-examination.
Next Purpose: PART HEARD
Next Hearing Date: 21-01-2023
Date: 21-01-2023
Business: Complainant Present. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused absent.
Next Purpose: PART HEARD
Next Hearing Date: 27-02-2023
Date: 27-02-2023
Business: Complainant Present. Ld Adv. for complainant absent.
Next Purpose: PART HEARD
Next Hearing Date: 03-04-2023
Date: 03-04-2023
Business: Complainant Present. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused absent.
Exh - 41 - Application for issue of show cause notice for Sr.Depute po.
O - Issue show cause notice to concerned PI.
Next Purpose: PART HEARD
Next Hearing Date: 09-05-2023
Date: 09-05-2023
Business: Complainant Present. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused absent.
Next Purpose: PART HEARD
Next Hearing Date: 01-07-2023
Date: 01-07-2023
Business: Metropolitan Magistrate is on leave, 1st session charge with Ld. Metropolitan Magistrate, Railway Mobile Court, Andheri, Mumbai.
Next Purpose: PART HEARD
Next Hearing Date: 23-08-2023
Date: 23-08-2023
Business: Complainant and his Adv. present.
Accused and his Adv. absent.
Exh. No. 42 - An application by Adv. for complainant for issuing proclamation against the accused. O - Issue proclamation against the accused.
Next Purpose: PART HEARD
Next Hearing Date: 23-10-2023
Date: 23-10-2023
Business: Metropolitan Magistrate is on leave, charge with Ld. Metropolitan Magistrate, 10th Court, Andheri, Mumbai.
Next Purpose: PART HEARD
Next Hearing Date: 09-11-2023
Date: 09-11-2023
Business: Ld. Metropolitan Magistrate, 48th Court, Andheri, Mumbai is on leave charge is with Ld. Metropolitan Magistrate, 44th Court, Andheri, Mumbai
Next Purpose: PART HEARD
Next Hearing Date: 14-12-2023
Date: 14-12-2023
Business: Complainant absent. Ld Adv. for complainant present.
proclamation pending
Next Purpose: PART HEARD
Next Hearing Date: 02-01-2024
Date: 02-01-2024
Business: Complainant absent. Ld Adv. for complainant present.
Exh - 43 - App for taken today on board. O - Allowed
Exh - 44 - App for extend to time to collect warrant. O - Allowed as prayed.
Next Purpose: PART HEARD
Next Hearing Date: 06-02-2024
Date: 06-02-2024
Business: Complainant Present. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused absent.
Exh - 45 - Affidavit on behalf of complainant. O - Seen
Exh - 46 - App for dispensing with the statement of u/sec 313 of Cr.P.C.
O - Seen and detail order passed separately.
Order Below Exh - 1
Today matter is pending for recording statement of accused u/sec 313 of Cr.P.C. Accused is absent since long. Case is of years 2021. Inspite of sufficient opportunity given accused has failed to appear and explain about incriminating evidence adduced against him. It is the accused who has failed to avail opportunity to explain incriminating evidence appearing against him on record. Case is old one. Besides that as per judgements of Honble Apex Court in the case of Indian Bank Associations and Ors Vs of india and ors, decided on 21/04/2014 in Writ Petition (civil) No. 18/2013 If accused fails to apply for leave to defense, in that case court can proceed further and pronounce judgment. Besides that this is a summary proceeding still opportunity was granted to accused to appear and explain about incriminating evidence appearing against them. Accused have failed to avail this opportunity. Hence, statement of accused u/sec 313 of Cr.P.C. is dispensed with and case is fixed for final arguments on next date.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 02-03-2024
Date: 02-03-2024
Business: Complainant Present. Ld Adv. for complainant present.
Exh - 46 - Written argument on behalf of the complainant. O - Seen.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 04-04-2024
Date: 04-04-2024
Business: Complainant Present. Ld Adv. for complainant present.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 04-05-2024
Date: 04-05-2024
Business: Complainant Present. Ld Adv. for complainant absent.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 30-05-2024
Date: 30-05-2024
Business: Complainant Present. Ld Adv. for complainant absent.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 18-06-2024
Date: 18-06-2024
Business: Metropolitan Magistrate is on Leave , Charge with Metropolitan Magistrate,
44th Court, Andheri, Mumbai. Case is adjourned next date
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 01-07-2024
Date: 01-07-2024
Business: Complainant Present. Ld Adv for complainant Present.
Exh - 47 - Bank statement of karnataka bank
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 16-08-2024
Date: 16-08-2024
Business: Complinant Present. Ld Adv for complainant Present. Accused absent. Ld Adv for accused absent.
Order Below Exh-48
1. Accused Mrs. Catherine Lawrence- Sole proprietress of Catlink Enterprises, Age Adult is convicted under Section 255 2 of the Code of Criminal Procedure, 1973 for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 and sentenced to suffer simple Imprisonment for three months.
2. Accused is directed to pay compensation Rs. 8,99,500/- Rs. Eight Lacs Ninety Nine Thousand Five Hundred Only to the complainant within three months from today, in default to suffer Simple Imprisonment for three months.
3. Accused to surrender to her bail bond.
4. Muddemal being an original cheque and bank memo, be returned to the complainant after appeal period is over.
5. 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.
6. The copy of this Judgment shall be given to the convicted accused, free of cost, in view of section 363 1 of the Code of Criminal Procedure, 1973.
7. Dictated and pronounced in open court.
Nature Of Disposal: CONVICTED
Disposal Date: 16-08-2024
