Date: 27-08-2018
Business: Compt. pt. with Adv. Ex.4-Court fee TOR. Ex.5-Verification. Documents verified. Order passed below Ex.1-Process issued.
Next Purpose: FOR VERIFICATION
Next Hearing Date: 11-01-2019
Date: 11-01-2019
Business: Adv. for both side ab. for steps.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 16-07-2019
Date: 16-07-2019
Business: Adv. for both side pt. Ex. 6-VP. Ex.7- Appln. for exemption of accd. - Rejected with cost of Rs.2000/- each for state. Ex. 8- Appln. for B/W- Issue B/W of Rs.5000/- against accd.
for report.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 14-01-2020
Date: 14-01-2020
Business: Adv. for compt. pt. Ex. 9- Appln. for warrant - Reissue B/W to accd.
for BW report.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 15-04-2020
Date: 15-04-2020
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: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 24-08-2020
Date: 24-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 25-11-2020
Date: 25-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 20-04-2021
Date: 20-04-2021
Business: Court is Vacant. Charge with Ld. M. M. 63rd Court. Board Discharged.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 29-06-2021
Date: 29-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 23-09-2021
Date: 23-09-2021
Business: Complainant absent. Ld. Adv. for complainant present. Accused Nos. 02 and 03 present with advocate. Exh. - 09 - An application for cancellation of warrant against accused No. 02 the same is cancelled subject to penalty of Rs. 1000/-, accused No. 02 paid the said penalty. Exh. - 10 - An application for cancellation of warrant against accused No. 03 the same is cancelled subject to penalty of Rs. 1000/-, accused No. 03 paid the said penalty. Exh. - 11 - An application for bail of accused No. 02 in view of the same it is directed to accused No. 02 to execute PR Bond and Cash Security of Rs. 15000/-. Exh. 12 - PR Bond and Cash Bond of Accused No. 02. Exh. - 13 - Authority letter to record plea of accused through advocate. -O- Seen. Exh. - 14 - Plea of accused is recorded accused not pleaded guilty to the charge. For bail of accused No. 03 and for Evidence .
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 08-10-2021
Date: 08-10-2021
Business: Complainant present. Ld. Adv. for complainant present. Accused absent. Ld. Adv. for accused present. Exh. - 15 - Affidavit of evidence of Ketan Barai is read and recorded. Exh. - 16 - List of documents. - O - Accused to say. For Further Chief and Cross examination.
Next Purpose: PART HEARD
Next Hearing Date: 18-11-2021
Date: 18-11-2021
Business: Complainant present with advocate. Accused present with advocate. Exh. - 17 - An application for cancellation of warrant and the same is cancelled subject to penalty of Rs. 500/- each. Accused has paid the penalty. Exh. - 18 - An application for bail of accused - O - Accused Nos. 02 and 03 are released on bail on executing PR Bond and cash security of Rs. 5000/- each. Further examination in chief of Ketan barai on Exh. 15 Ld. Adv. Maya Jadhav for the complainant resumed on S.A. Cross Examination by Ld. Adv. Kazi for accused is adjourned till next date. Exh. - 40 and Exh. - 41 - PR Bonds and Cash Bonds of accuse Nos. 02 and 03. For Cross examination.
Next Purpose: PART HEARD
Next Hearing Date: 06-12-2021
Date: 06-12-2021
Business: Complainant present with advocate. Exh. - 42 - Exemption application of accused. Exh. - 43 - Adjournment application of accused, the same is kept for say of complainant, Ld. Adv. for complainant filed say on it, and in view of the same adjournment is granted subject to cost of Rs. 1500/- to complainant. For cross examination.
Next Purpose: PART HEARD
Next Hearing Date: 22-12-2021
Date: 22-12-2021
Business: Complainant absent. Ld. Adv.for complainant present. Exh. - 44 - Accused absent. Ld. Adv. for accused present. Exh. - 45 - An applcation by Ld. Adv. for complainant for no cross order the same is kept for say of accused. -O- Allowed. No cross order is passed.
Next Purpose: PART HEARD
Next Hearing Date: 31-01-2022
Date: 31-01-2022
Business: Adv. for complainant present.
Adv. for accused present.
Exh. No. 47 - An application by Adv. for accused for exemption. O - Granted.
Exh. No. 48 - Evidence closing Pursis. O - Seen.
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 07-02-2022
Date: 07-02-2022
Business: Declaration of Holiday on Monday 07th February 2022 O. W. No. RG/1611/9/2022 dt. 06Th February 2022 from Registrar General High Court, Bombay. Case Adj
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 02-03-2022
Date: 02-03-2022
Business: Ld. Adv for complainant present.
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 10-03-2022
Date: 10-03-2022
Business: Complainant absent. Ld. Adv. for complainant present. Exh. - 49 - Accused absent and exempted. Ld. Adv. for accused present.
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 06-04-2022
Date: 06-04-2022
Business: Adv. for complainant present.
Adv. for accused present.
Exh. No. 50 - An application by Adv. for accused for exemption. O - Matter is fixed for recording 313 statement. Hence, rejected.
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 07-06-2022
Date: 07-06-2022
Business: Complainant present. Adv. for complainant
Accused absent. Adv. for accused present.
Exh. No. 51 - An application by Adv. for accused for exemption. O - Granted for today only.
Exh. No. 52 - An application by Adv. for recalling of prosecution witness. O - Heard Ld. Adv. for both parties and considering reasons stated no cross order is set aside subject to cost of Rs. 3000/- payable by accused to complainant.
For cross-examination.
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 08-07-2022
Date: 08-07-2022
Business: Complainant absent. Ld. Adv. for complainant present. Accused absent Ld. Adv. for accused Present.
Exh - 53 - App for to record 313 statement on behalf of accused.
O - There is no authority for accused to recorded Statement 313 of Cr.P.C., Hence rejected.
Exh - 54- App for exemption of accused.
O - Today matter is fixed for cross examination of complainant. Accused is absent no proper reasons for same. Hence app for exemption is rejected.
Exh - 55 - App for issue of NBW against accused. O - Accused absent Issue NBW against accused.
Exh - 56 -App for dispense with the 313 statement of accused in above matter.
O - Other side to say.
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 27-07-2022
Date: 27-07-2022
Business: Complainant Present. Ld. Adv. for complainant present. Accused absent Ld. Adv. for accused Present.
Exh - 57 - App for issue of NBW against accused. O - Put up for order on Next date.
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 25-08-2022
Date: 25-08-2022
Business: Complainant present. Ld. Adv. for complainant present. Accused and Ld. Adv. for accused absent.
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 15-09-2022
Date: 15-09-2022
Business: Complainant absent. Ld Adv. for Complainant Present.
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 03-10-2022
Date: 03-10-2022
Business: Complainant absent. Ld Adv. for complainant present.
Order Below Exh - 57.
Todayb matter is pending for recording statement of accused u/sec 313 of Cr. P.C. it appears that accused is absent since long. Case is of year 2020. By way of this application, complainant has prayed to dispensed with statement of accused u/sec 313 of Cr.P.C. In spite 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. Hence, statement of accused u/sec 313 of Cr.P.C. is dispensed with and case is fixed for final argument on next date.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 22-11-2022
Date: 22-11-2022
Business: Complainant absent. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused absent.
for written argument of complainant.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 30-11-2022
Date: 30-11-2022
Business: Complainant Present. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused absent.
Exh - 58 - Written argument Filed by complainant. O - Seen.
For accused argument.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 21-12-2022
Date: 21-12-2022
Business: Metropolitan Magistrate is on leave, Charge with Ld. Metropolitan Magistrate, Andheri Railway court, Andheri, Mumbai.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 12-01-2023
Date: 12-01-2023
Business: Complainant absent. Ld Adv. for complainant present.
Order Below Exh - 1
Today case is fixed for final Argument. Complainant has already filed on record his written notes of arguments. inspite of opportunity is given accused has failed to argue this matter. Hence, matter proceeded further without hearing argument on the part of accused.
Next Purpose: JUDGEMENT 2.45 P.M.
Next Hearing Date: 07-02-2023
Date: 07-02-2023
Business: Complainant Present and Ld. Adv. for complainant Present. Accused absent.
Ld.Adv. for accused absent.
ORDER Blow Exh-59
i. The accused No. 1 M/s. Ahuja Properties & Associates, Accused No. 2 Mr. Jagdish Bhagwandas Ahuja and Accused no. 3 Mr. Gautam Jagdish Ahuja- partners of accused no. 1 M/s. Ahuja Properties & Associates are 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 No. 2 and 3 are sentenced to suffer simple imprisonment for period of Six months each and accused no. 1 to 3 shall pay jointly and severally compensation of Rs. 50,00,000/- (Rs. Fifty Lacs) to the complainant vide Section 357(3) of the Code of Criminal Procedure, in default of payment of compensation, accused shall suffer further simple imprisonment for the period of one month each.
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 their 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. Today i.e. on the date of judgment accused remained absent, hence issue standing Non-bailable warrant against the accused for their arrest through concerned police station for execution of sentence in view of Section 418 (2) of Cr.P.C.
vii. The copy of this Judgment shall be send to the convicted accused, free of cost, immediately after it is prepared, in view of section 363(1) of the Code of Criminal Procedure, 1973.
viii. Dictated and pronounced in open court.
Nature Of Disposal: CONVICTED
Disposal Date: 07-02-2023
