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Summons Private cases SS

SHREM INVESTMENTS PVT LTDVsKISHOR LADULAL GOKHRU

CNR MHMM19005604201848-Judicial Magistrate (First Class), 48th Court
CASE DISPOSED
Contested--ACQUITTED
Decision Date: 10th May 2024

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
2209/2018
Registration Date
22 May 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    NEGOTIABLE INSTRUMENTS ACT · Sec 138

    Case History / Proceedings

    Case History
    Date: 22-06-2018
    Business: Adv. for compt. present. Ex. 4- Appln. for TOR Court fee deface challan. Ex.5-Verification. Ex.6-Pursis. Order passed below Ex.1-Process issued.
    Next Purpose: NOT HEARD AT 2.45 P.M.
    Next Hearing Date: 14-09-2018
    
    Date: 14-09-2018
    Business: Adv. for compt. present. Already adjourned.
    Next Purpose: NOT HEARD AT 2.45 P.M.
    Next Hearing Date: 13-11-2018
    
    Date: 13-11-2018
    Business: complainant present his adv. present.
    accused present his adv. present.
    For Hearing.
    Next Purpose: FOR HEARING AT 2.45 P.M.
    Next Hearing Date: 05-02-2019
    
    Date: 05-02-2019
    Business: Compt. and  Adv. ab. Accd. and Adv. pt. for evidence.
    Next Purpose: FOR HEARING AT 2.45 P.M.
    Next Hearing Date: 10-07-2019
    
    Date: 10-07-2019
    Business: Adv. for both side pt. for reply on documents and further chief exam.
    Next Purpose: PART HEARD
    Next Hearing Date: 18-12-2019
    
    Date: 18-12-2019
    Business: Ld. M.M. is on training. Charge with Ld.M.M. 63rd court. Board discharged.
    Next Purpose: PART HEARD
    Next Hearing Date: 15-02-2020
    
    Date: 15-02-2020
    Business: Ld. M. M. is on Leave. Board Discharged. Charge with Ld. M. M. 63rd Court.
    Next Purpose: PART HEARD
    Next Hearing Date: 27-03-2020
    
    Date: 27-03-2020
    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: 06-02-2021
    
    Date: 06-02-2021
    Business: Court is Vacant. Board discharged.
    Next Purpose: PART HEARD
    Next Hearing Date: 08-04-2021
    
    Date: 08-04-2021
    Business: Court is vacant. Board discharged Charge with 63rd Court, Andheri, Mumbai.
    Next Purpose: PART HEARD
    Next Hearing Date: 18-06-2021
    
    Date: 18-06-2021
    Business: Complainant absent his adv. present accused absent his adv. absent for reply on documents and further chief exam.
    Next Purpose: PART HEARD
    Next Hearing Date: 27-07-2021
    
    Date: 27-07-2021
    Business: Complainant absent. Ld. Adv. for complainant absent. Accused absent. Ld. Adv. for accused present. For reply on documents and for further examination-in-chief.
    Next Purpose: PART HEARD
    Next Hearing Date: 31-07-2021
    
    Date: 31-07-2021
    Business: Complainant Absent. Ld. Adv. for complainant present. Accused present. Ld. Adv. for accused present. For exhibiting the documents.
    Next Purpose: PART HEARD
    Next Hearing Date: 29-09-2021
    
    Date: 29-09-2021
    Business: Advocate for complainant present.
    Advocate for accused present.
    For steps.
    Next Purpose: PART HEARD
    Next Hearing Date: 28-10-2021
    
    Date: 28-10-2021
    Business: as per roznama
    Next Purpose: PART HEARD
    Next Hearing Date: 13-12-2021
    
    Date: 13-12-2021
    Business: Adv. for complainant present.
    Adv. for accused present.
    Exh. No. 13 - An application by Adv. for complainant for adjournment. O - Adj. granted as a last chance.
    For further cross examination.
    Next Purpose: PART  HEARD AT  2.45P.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: PART  HEARD AT  2.45P.M.
    Next Hearing Date: 04-02-2022
    
    Date: 04-02-2022
    Business: Complainant and his Adv. present.
    Adv. for accused present.
    Next Purpose: PART  HEARD AT  2.45P.M.
    Next Hearing Date: 02-03-2022
    
    Date: 02-03-2022
    Business: Complainant and his Adv. present.
    Accused  and his Adv. present.
    On S.A. further examination-in-chief of Vinit Taparia by Advocate  Rahul Sachdev for the complainant.
    Ld. Advocate for accused Shri S. N. Imam has denied all the documents.
    Exh.  14 - Notarized copy of board resolution
    Exh.  15 - Minutes of meetings dated 05/08/2016
    Exh.  16 - Copy of terms sheet
    Exh.  17 to 19 - Three disputed original cheques
    Exh.  20 to 22 - Two cheque returned memo
    Exh.  23 - Copy of statutory notice
    Exh.  24 and 25 - Postal receipts
    Exh.  26 - Returned envelope
    Exh. 27 and 28 - A. D. Cards
    Cross-examination by Adv. S. N. Imam for accused
    On oral request of advocate for accused, matter is adjourned for cross-examination till next date.
    Next Purpose: PART  HEARD AT  2.45P.M.
    Next Hearing Date: 28-03-2022
    
    Date: 28-03-2022
    Business: Adv. for complainant present.
    Exh. No. 29 - An application by Adv. for complainant for adjournment. O - Adj. Granted.
    For cross-examination.
    Next Purpose: PART  HEARD AT  2.45P.M.
    Next Hearing Date: 27-04-2022
    
    Date: 27-04-2022
    Business: Complainant present. Ld. Adv. for complainant present. Accused absent.  Ld. Adv. for accused present.
    Exh - 30 - App for Adjournment of behalf accused. O - Adjournment granted as last chance.
    Next Purpose: PART  HEARD AT  2.45P.M.
    Next Hearing Date: 09-06-2022
    
    Date: 09-06-2022
    Business: Complainant and his Adv. present.
    Adv. for accused present.
    
    For cross-examination.
    Next Purpose: PART  HEARD AT  2.45P.M.
    Next Hearing Date: 14-07-2022
    
    Date: 14-07-2022
    Business: Complainant present.  Ld. Adv. For Complainant present. Accused and  Ld. Adv. for accused Present.
    For cross-examination.
    Next Purpose: PART  HEARD AT  2.45P.M.
    Next Hearing Date: 04-08-2022
    
    Date: 04-08-2022
    Business: Complainant and his Adv. present.
    Adv. for accused present.
    Exh. No. 31 - An application by Adv. for accused for adjournment. O - O. S. to say. Say filed. O - Granted as a last chance subject to cost of Rs 1000/-.
    For cross-examination.
    Next Purpose: PART  HEARD AT  2.45P.M.
    Next Hearing Date: 18-08-2022
    
    Date: 18-08-2022
    Business: Complainant absent.  Ld. Adv. for complainant present.   Accused and Ld. Adv. for accused Present.
    On oral request of both parties case is adjourned on next date
    Next Purpose: PART  HEARD AT  2.45P.M.
    Next Hearing Date: 15-09-2022
    
    Date: 15-09-2022
    Business: Complainant and his Adv. present.
    Accused and his Adv. present.
    For cross-examination.
    Next Purpose: PART  HEARD AT  2.45P.M.
    Next Hearing Date: 20-10-2022
    
    Date: 20-10-2022
    Business: Complainant absent. Ld Adv. for complainant present. Bank Witness Present
    Accused Present. Ld Adv. for accused present.
    Exh - 29 - Joint purses. O - Seen.
    Exh - 30 - Purses of closing evidence.
    O - Seen.
    Next Purpose: FOR STATEMENT U/sec 313
    Next Hearing Date: 30-11-2022
    
    Date: 30-11-2022
    Business: Complainant absent. Ld Adv. for complainant present.
    Accused absent. Ld Adv. for accused present.
    Exh - 31 - App for exemption of accused
    O - Granted.
    Exh - 32 - App for adjournment on behalf of accused. O - Granted as a last chance.
    Next Purpose: FOR STATEMENT U/sec 313
    Next Hearing Date: 15-12-2022
    
    Date: 15-12-2022
    Business: Complainant absent. Adv. for complainant present.
    Accused present. Adv. for accused present.
    Exh. No. 33 - Statement of Accused U/sec. 313 of Cr. P. C.
    Matter is fixed for defence evidence on 31-01-2023, in 2nd session.
    Next Purpose: PART  HEARD AT  2.45P.M.
    Next Hearing Date: 31-01-2023
    
    Date: 31-01-2023
    Business: Complainant absent. Ld Adv. for complainant present.
    Accused absent. Ld Adv. for accused present.
    Exh - 34 - App for exemption on behalf of accused. O - Granted.
    Exh - 35 - App for adjournment on behalf of complainant. o - Adjournment granted as a last chance .
    Next Purpose: PART  HEARD AT  2.45P.M.
    Next Hearing Date: 17-03-2023
    
    Date: 17-03-2023
    Business: Ld Adv. for complainant present.
    Accused Present.
    Next Purpose: PART  HEARD AT  2.45P.M.
    Next Hearing Date: 28-04-2023
    
    Date: 28-04-2023
    Business: Complainant absent. Ld Adv. for complainant present.
    Accused Present. Ld Adv. for accused present.
    Next Purpose: PART  HEARD AT  2.45P.M.
    Next Hearing Date: 26-06-2023
    
    Date: 26-06-2023
    Business: Complainant absent. Ld Adv. for complainant present.
    Accused absent. Ld Adv. for accused present.
    Exh - 35- App for adjournment and Exemption on behalf of accused.
    o - Adjournment granted as a last chance
    Next Purpose: PART  HEARD AT  2.45P.M.
    Next Hearing Date: 17-07-2023
    
    Date: 17-07-2023
    Business: Complainant absent. Ld Adv. for complainant present.
    Accused Present. Ld Adv. for accused present.
    Exh - 36 - App for issue of summons to Mr. Dilip Nabera. O - Issue summons to witness as prayed.
    Next Purpose: PART  HEARD AT  2.45P.M.
    Next Hearing Date: 09-08-2023
    
    Date: 09-08-2023
    Business: Complainant Present. Ld Adv. for complainant present.
    Accused Present. Ld Adv. for accused present.
    Exh - 37 - App for adjournment on behalf of accused. o - Adjournment granted as a last chance
    Next Purpose: PART  HEARD AT  2.45P.M.
    Next Hearing Date: 08-09-2023
    
    Date: 08-09-2023
    Business: Complainant Present. Ld Adv. for complainant present.
    Accused Present. Ld Adv. for accused present.
    Exh. 38
    Deposition of witness No.1 on behalf of accused.
    On S.A. Examination-in-chief by Adv. S.N. Imam for the accused.
    Cross-examination by Adv. Smt. Barakha Shrof for the complainant.
    ( On Oral request of advocate for complainant, matter is adjourned for cross-examination on next date. )
    Exh - 39 - App for production of document.
    Exh - 40 - List of documents.
    Next Purpose: PART  HEARD AT  2.45P.M.
    Next Hearing Date: 12-10-2023
    
    Date: 12-10-2023
    Business: Complainant Present. Ld Adv. for complainant present.
    Accused Present. Ld Adv. for accused present.
    Exh. No. 38 contd. Page No. 4
    On S.A. Cross-examination of Kishor Gokaru by Advocate Mr. Yogesh Israni for complainant.
    Cross-examination is over.
    No re-examination.
    Next Purpose: PART  HEARD AT  2.45P.M.
    Next Hearing Date: 07-11-2023
    
    Date: 07-11-2023
    Business: Complainant absent. Ld Adv. for complainant present.
    Accused Present. Ld Adv. for accused present.
    Exh - 47 - App for issue summons to bank witness of accused bank
    O - Issue summons to bank witness as prayed.
    Next Purpose: PART  HEARD AT  2.45P.M.
    Next Hearing Date: 13-12-2023
    
    Date: 13-12-2023
    Business: Adv. for complainant present.
    Adv. for accused present.
    Exh. No. 48 - Deposition of witness no. 2 on behalf of accused.
    Exh. No. 49 - An application by Adv. for complainant for production of document.
    Exh. No. 50 - List of document.
    Exh. No. 51 - Letter of authority.
    Exh. No. 52 - Photocopy of I. D. Card.
    Exh. No. 53 - Bank account statement.
    Exh. No. 54 - Account opening form.
    Cross-examination by Adv. Yogesh Israni for complainant.
    Cross-examination is over.
    No re-examination.
    Next Purpose: FOR ARGUMENT AT 2.45
    Next Hearing Date: 25-01-2024
    
    Date: 25-01-2024
    Business: Complainant Present. Ld Adv. for complainant present.
    Accused absent. Ld Adv. for accused present.
    Next Purpose: FOR ARGUMENT AT 2.45
    Next Hearing Date: 23-02-2024
    
    Date: 23-02-2024
    Business: Complainant absent. Ld Adv. for complainant present.
    Accused absent. Ld Adv. for accused present.
    Exh - 55 - App for adjournment on behalf of accused. o - Adjournment granted as a last chance
    Exh - 56 -  App for exemption on behalf of accused. O - Granted.
    Next Purpose: FOR ARGUMENT AT 2.45
    Next Hearing Date: 02-04-2024
    
    Date: 02-04-2024
    Business: Complainant absent. Ld Adv. for complainant present.
    Accused Present. Ld Adv. for accused present.
    Next Purpose: FOR ARGUMENT AT 2.45
    Next Hearing Date: 10-04-2024
    
    Date: 10-04-2024
    Business: Complainant absent. Ld Adv. for complainant present.
    Accused absent. Ld Adv. for accused present.
    Exh - 57 - App for adjournment on behalf of accused. o - Adjournment granted as a last chance
    Next Purpose: FOR ARGUMENT AT 2.45
    Next Hearing Date: 20-04-2024
    
    Date: 20-04-2024
    Business: Complainant absent. Ld Adv. for complainant present.
    Accused Present. Ld Adv. for accused present.
    Exh - 55 - Written argument on behalf of complainant. O - Seen.
    Exh - 56 - Written argument on behalf of accused. O - Seen.
    Next Purpose: FOR JUDGMENT
    Next Hearing Date: 10-05-2024
    
    Date: 10-05-2024
    Business: Complainant Present. Ld Adv. for complainant present. Accused Present. Ld Adv. for accused present.
    Order Below Exh-57
    1]	Accused Mr. Kishor Ladulal Gokhru is hereby acquitted vide Section 255(1) of Criminal Procedure code for an offence punishable under Section 138 of the Negotiable Instruments Act.
    2]   Bail bond of accused stands canceled.
    3] 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: 10-05-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 6703/2018
    Filing Date: 22-05-2018
    First Hearing Date: 22nd June 2018
    Decision Date: 10th May 2024
    Court Number And Judge: 48-Judicial Magistrate (First Class), 48th Court

    Orders

    1
    Final Order 1Full order available
    10 May 2024

    Order Details: Copy of Judgment Pdf Text: 1 C. C. No.2209/SS/2018 Filed on : 22/05/2018 Registered on : 22/05/2018 Decided on : 10/05/2024 Duration : 05Y. 11M. 18D. IN THE COURT OF METROPOLITAN MAGISTRATE 48TH COURT ANDHERI MUMBAI (Presided over by K. G. Sawant) Case No.2209/SS/2018 CNR: MHMM190056042018 Exh. No. Shrem Investments Private Limited. 1101, Viraj Towers, Junction of AndheriKurla Road, Western Express Highway, Andheri East, Mumbai – 400 069. Through its Authorized Signatory Vineet Radheshyam Taparia. …Complainant Versus Mr.…

    Read Full Order

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