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Summons Private cases SS

MRS. GURMESH KAURVsMR. JOSEPH GEORGE

CNR MHMM19005600201848-Judicial Magistrate (First Class), 48th Court
CASE DISPOSED
Contested--ACQUITTED
Decision Date: 08th June 2022

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
2205/2018
Registration Date
21 May 2018

Advocates

1

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    NEGOTIABLE INSTRUMENTS ACT · Sec 138

    Case History / Proceedings

    Case History
    Date: 08-08-2018
    Business: Ld. M.M. is on leave. Board discharged.
    Next Purpose: FOR VERIFICATION
    Next Hearing Date: 24-10-2018
    
    Date: 24-10-2018
    Business: Compt. present with Adv. Ex.4-VP. Ex.5-Verification. Documents verified. Order passed below Ex.1-Process issued.
    Next Purpose: FOR VERIFICATION
    Next Hearing Date: 27-03-2019
    
    Date: 27-03-2019
    Business: Adv. for compt.pt. Ex.6-Appln. for extension of date of summons-Allowed. for summons report.
    Next Purpose: NOT HEARD AT 2.45 P.M.
    Next Hearing Date: 30-05-2019
    
    Date: 30-05-2019
    Business: Adv. for compt. pt. Await report.
    Later on Adv. for accd. pt. for bail and plea of accd.
    Next Purpose: NOT HEARD AT 2.45 P.M.
    Next Hearing Date: 29-07-2019
    
    Date: 29-07-2019
    Business: LD. M.M. IS ON LEAVE. CHARGE WITH LD. M.M. 63RD COURT. BOARD DISCHARGED.
    Next Purpose: NOT HEARD AT 2.45 P.M.
    Next Hearing Date: 23-09-2019
    
    Date: 23-09-2019
    Business: Adv.for both side pt. Ex. 14-Accd. exempted for today. Ex.15-Appln. for TOR authority letter-Allowed. Ex.16-Appln. for adj. -Allowed lastly. for evidence.
    Next Purpose: FOR HEARING
    Next Hearing Date: 10-12-2019
    
    Date: 10-12-2019
    Business: LD. M.M. IS ON LEAVE. CHARGE WITH LD. M..M. 63RD COURT. BOARD DISCHARGED.
    Next Purpose: FOR HEARING
    Next Hearing Date: 18-01-2020
    
    Date: 18-01-2020
    Business: LD. M.M. IS ON LEAVE. 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: 18-06-2020
    
    Date: 18-06-2020
    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 HEARING
    Next Hearing Date: 16-07-2020
    
    Date: 16-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR HEARING
    Next Hearing Date: 02-09-2020
    
    Date: 02-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR HEARING
    Next Hearing Date: 28-10-2020
    
    Date: 28-10-2020
    Business: Board discharged
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR HEARING
    Next Hearing Date: 02-01-2021
    
    Date: 02-01-2021
    Business: Adv for complt pt. Adv for accud ab.
    Exh.17-Affidavit of evidence of P.W. no. 1. -R and R.
    Exh.18-List of documents- Accud to say on admissibility of documents.
    Exh.19-Appln for issue warrant against accud - Issue notice to accud.
    For say/ report.
    Next Purpose: PART HEARD
    Next Hearing Date: 03-03-2021
    
    Date: 03-03-2021
    Business: Court is Vacant. Board discharged.
    Next Purpose: PART HEARD
    Next Hearing Date: 29-04-2021
    
    Date: 29-04-2021
    Business: Court is vacant. Charge is with the Honorable Metropolitan Magistrate, 66th 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: PART HEARD
    Next Hearing Date: 12-08-2021
    
    Date: 12-08-2021
    Business: Complainant present. Ld. Adv. for complainant present. Exh. - 20 - Accused absent and exempted. Ld. Adv. for accused present. Further Examination-In-Chief on S. A.  (Exh. - 17) of Mrs Jasveen Kapoor constituted attorney of Ms. Gurmesh Kaur by the Ld. Adv. Ramdas Chavan for the complainant. Cross Examination by Ld. Adv. Ramlal Kushwah for accused adjourned till next.
    Next Purpose: PART HEARD
    Next Hearing Date: 27-08-2021
    
    Date: 27-08-2021
    Business: Complainant present. Ld. Adv. for complainant present. Accused absent. Ld. Adv. for accused present. Exh. - 29 - Exemption application of accused, the same is kept for say of complainant, say thereon obtained, exemption granted as last chance. Exh. - 30 - An application for adjournment by Ld. adv. for accused. the same is kept for say of complainant, say thereon obtained, adjournment granted as last chance. Copy of power of attorney is given to the Ld. Adv. for accused. For Cross Examination.
    Next Purpose: PART HEARD
    Next Hearing Date: 06-09-2021
    
    Date: 06-09-2021
    Business: Complainant present. Ld. Adv. for complainant present. Accused present. Ld. Adv. for accused present. Exh. - 31 - Vakalatnama filed by the Ld. Adv. for accused. Cross Examination of Jasween Kapoor POA of Gurmesh Kaur by Ld. Adv. Bhagwan Mishra for the accused resumed on S. A.  Exh. - 32 - Xerox copy of undertaking/promissory note dated - 15-02-2012. Exh. - 33 - An application for production of documents under 294 of Cr.P.C. by Ld. Adv. for accused. Exh. - 34 - List of Documents. On oral request cross examination is deferred till next date.
    Next Purpose: PART HEARD
    Next Hearing Date: 14-09-2021
    
    Date: 14-09-2021
    Business: Complainant absent his adv. present accused present his adv. present Application for adjournment for complainant. O- ads granted as a last chase. for cross
    Next Purpose: PART HEARD
    Next Hearing Date: 25-10-2021
    
    Date: 25-10-2021
    Business: Complainant present with advocate. Accused present with advocate. Exh. - 33 - An application by Ld. Adv. for accused for production of documents - O - complainant to say about admissibility of documents. Exh. - 34 - List of documents. Exh. 35 - Reply of complainant on application at Exh. - 33. Exh. - 36 collectively - Payment receipt dated - 18-05-2012 to Sept. - 2016. Exh. - 37 - Writing acceptane of interest from 12-05-2012 to 20-01-2015. Exh. - 38 to Exh. 41 - Note of undertaking or promissory note from May - 2012 to April - 2018. Exh. - 42 to Exh. - 49 - Writing about the original cheques. Cross examination of Smt Jasveen Kapoor POA of Mrs Gurmesh Kaur on Exh. - 17 by Ld. Adv. Bhagwan Mishra for accused. Cross over. No Re-Examination.
    Next Purpose: PART HEARD
    Next Hearing Date: 12-11-2021
    
    Date: 12-11-2021
    Business: Both parties and their advocates present.
    For Re-examination.
    Next Purpose: PART HEARD
    Next Hearing Date: 26-11-2021
    
    Date: 26-11-2021
    Business: Advocate for complainant present.
    Advocate for accused present.
    Exh. No. 58 - Pursis of closing evidence of complainant. O - Seen.
    Next Purpose: PART HEARD
    Next Hearing Date: 16-12-2021
    
    Date: 16-12-2021
    Business: AS PER ROZNAMA
    Next Purpose: FOR STATEMENT U/sec 313
    Next Hearing Date: 18-01-2022
    
    Date: 18-01-2022
    Business: Complainant present with advocate. Accused absent. Ld. Adv. for accused present.
    Next Purpose: FOR STATEMENT U/sec 313
    Next Hearing Date: 05-02-2022
    
    Date: 05-02-2022
    Business: Complainant present with advocate. Accused absent. Ld. Adv. for accused present.
    Next Purpose: FOR STATEMENT U/sec 313
    Next Hearing Date: 15-02-2022
    
    Date: 15-02-2022
    Business: Complainant present with advocate. Accused present with advocate. Exh. - 60 - Statement of accused under section 313 of Cr.P.C. is recorded.
    Next Purpose: FOR ARGUMENTS
    Next Hearing Date: 11-03-2022
    
    Date: 11-03-2022
    Business: Complainant present with advocate. Ld. Adv. for accused present. Exh. 61 - Adjournment application of Ld. Adv. for complainant is granted as last chance.
    Next Purpose: FOR ARGUMENTS
    Next Hearing Date: 25-03-2022
    
    Date: 25-03-2022
    Business: Adv. for complainant present.
    Adv. for accused present.
    Exh. No. 62 - Written argument by Adv. for complainant.
    Heard oral argument of Adv. for complainant.
    For argument by Adv. for accused.
    Next Purpose: FOR ARGUMENTS
    Next Hearing Date: 11-04-2022
    
    Date: 11-04-2022
    Business: Complainant present. Ld. Adv. for complainant present.  Accused absent.  Ld. Adv. for accused present.
    Next Purpose: FOR ARGUMENTS
    Next Hearing Date: 16-04-2022
    
    Date: 16-04-2022
    Business: Complainant and his Adv. present.
    Adv. for accused present.
    Partly Heard argument by both parties.
    Next Purpose: FOR ARGUMENTS
    Next Hearing Date: 05-05-2022
    
    Date: 05-05-2022
    Business: Adv. for complainant present.
    Adv. for accused present.
    Heard argument.
    Next Purpose: FOR ARGUMENTS
    Next Hearing Date: 11-05-2022
    
    Date: 11-05-2022
    Business: Complainant present. Ld. Adv. for complainant present.
    Accused Present. Ld. Adv. for accused present.
    Next Purpose: FOR JUDGMENT
    Next Hearing Date: 08-06-2022
    
    Date: 08-06-2022
    Business: Complainant and his Adv. present.
    Accused and his Adv. present.
    Accused is hereby acquitted vide Section 255(1) of Criminal Procedure code for an offence punishable under Section 138 of the Negotiable Instruments Act.
    Bail bond of accused stands cancelled.
    Accused 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.
    Judgment is dictated and pronounced in open court.
    Nature Of Disposal: ACQUITTED
    Disposal Date: 08-06-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 6677/2018
    Filing Date: 21-05-2018
    First Hearing Date: 08th August 2018
    Decision Date: 08th June 2022
    Court Number And Judge: 48-Judicial Magistrate (First Class), 48th Court

    Orders

    1
    Final Order 1Full order available
    08 Jun 2022

    Order Details: Copy of Judgment Pdf Text: 1/14 C. C. No. 2205/SS/2018 Filed on : 21/05/2018 Registered on : 21/05/2018 Decided on : 08/06/2022 Duration : 04Y. 00M. 18D. IN THE COURT OF METROPOLITAN MAGISTRATE 48TH COURT ANDHERI MUMBAI (Presided over by K. G. Sawant) Case No. 2205/SS/2018 CNR: : MHMM190056002018 Exh. No. Mrs. Gurmesh Kaur. Through her Constituted Attorney Mrs. Jasveen Kapoor residing at 103, Sea Bird, JuhuVersova Link Road, Andheri (W), Mumbai – 400053. ...Complainant V/s. Mr. Joseph…

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