Date: 19-09-2018
Date: 25-02-2019
Business: Adv. for compt. pt. for report.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 18-06-2019
Date: 18-06-2019
Date: 10-07-2019
Business: as per roznama
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 09-12-2019
Date: 09-12-2019
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: 07-02-2020
Date: 07-02-2020
Business: Adv for complt pt.
Ex.12- Appln for fresh NBW against accud -
For report.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 14-02-2020
Date: 14-02-2020
Business: Ld. M. M. is on Leave. Board Discharged. Charge with Ld. M. M. 63rd Court.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 18-02-2020
Date: 18-02-2020
Business: Complainant present
Ld Adv for complainant present
Order on Ex. No. 12-O- Reissue B/W against Accused.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 26-05-2020
Date: 26-05-2020
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: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 16-09-2020
Date: 16-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 06-01-2021
Date: 06-01-2021
Business: Ld. M.M. is on leave. Board discharged.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 16-04-2021
Date: 16-04-2021
Business: As per Office Order No. ESTT.16/678/2021, C.M.M., Esplanade, Mumbai, Dt. 12-04-2021, Board Discharged.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 21-08-2021
Date: 21-08-2021
Business: Complainant absent his adv. present. accused absent his adv. absent. for steps.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 20-09-2021
Date: 20-09-2021
Business: Complainant present. Ld. Adv. for complainant present. Accused present. Ld. Adv. for accused present. Exh. - 13 - Vakalatnama filed by the Ld. Adv. for the accused. Exh. - 14 - An application for cancellation of warrant issued against accused and the same is cancelled on admonation. Exh. - 15 - An application for bail of accused and in view of the same it is directed to release the accused on executing PR and SB of Rs. 15000/- and he is also at liberty to deposit cash security in lieu of surety. Exh. - 16 - PR Bond and Cash Bond of accused. Exh. - 17 - Plea of accused is recorded, accused pleaded not guilty to the charge. For Evidence.
Next Purpose: FOR HEARING
Next Hearing Date: 20-10-2021
Date: 20-10-2021
Business: Complainant absent. Ld. Adv. for complainant present. Accused and his advocate absent. Exh. - 18 - An application by Ld. Adv. for complainant for marking appearance of complainant and his advocate on roznama dated - 20-09-2021 and the same is allowed. Exh. - 19 - Adjournment application of Ld. Adv. for complainant is granted as last chance.
Next Purpose: FOR HEARING
Next Hearing Date: 12-11-2021
Date: 12-11-2021
Business: Complainant present with advocate. Accused and his advocate absent. Exh. - 20 - Affidavit of evidence of Sameer Pandurang Dixit is read and recorded. Exh. - 21 - List of documents. - O - Seen and accused to say about admissibility of documents. Exh.- 22 - An application for NBW is granted. For further chief and cross examination.
Next Purpose: PART HEARD
Next Hearing Date: 06-12-2021
Date: 06-12-2021
Business: Complainant present with advocate. Accused present with advocate. Exh. - 23 - An application for cancellation of NBW against accused and the same is cancelled subject to penalty of Rs. 2000/- the accused has paid the same. Ld. Adv. Manshree Phadke for accused holding for Ld. Adv. Shyam Gavandi is present. Accused has not given written objection but liberty is granted to raise oral objection. Further examination in chief of Samir Dixit on Exh. - 20 by Ld. Adv. Ramesh Prabhu for the complainant resumed on S. A. Exh. - 24 - Memorandum of Association of complainant company. Exh. - 25 - Resolution. Exh. - 26 - Agreement dated - 27-09-2016. Exh. - 27 to Exh. 29 - Office copy of invoices dated 14-11-2016. Exh. - 30 - Original cheque bearing No. 006900. Exh. - 31 - Cheque return memo. Article - A - Copy of account statement. Exh. - 32 - Office copy of demand notice. Exh. - 33 - Postal Receipt. Cross examination by Ld. Adv. Manashree Phadke for accused is adjourned till next date.
Next Purpose: PART HEARD
Next Hearing Date: 04-01-2022
Date: 04-01-2022
Business: Complainant and his Adv. present.
Accused and his Adv. present.
Exh. No. 34 - An application by Adv. for accused for adjournment. O - Complainant and his Adv. present. Reasons for Adj. are not proper. Still Adj. Granted subject to cost of Rs. 500/-.
Matter is fixed on 04-02-2022, in 1st session.
Next Purpose: PART HEARD
Next Hearing Date: 04-02-2022
Date: 04-02-2022
Business: Complainant and his Adv. present.
Accused absent. Adv. for accused present.
Exh. No. 35 - An application by Adv. for accused for exemption. O - Granted for today only.
Exh. No. 36 - An application by Adv. for accused for adjournment. O - Adj. granted.
Matter is fixed on 23-02-2022, in 2nd session.
Next Purpose: PART HEARD AT 2.45P.M.
Next Hearing Date: 23-02-2022
Date: 23-02-2022
Business: Adv. for complainant present.
Adv. for accused present.
Exh. No. 37 - An application by Adv. for accused for adjournment. O - No proper reasons for Adj. Hence, rejected.
Exh. No. 38 - Evidence of Mrs. Sunita Nagpure. O - Read and recorded.
Cross-examination by Adv. for accused.
Accused did not conduct cross. Hence No cross-examination.
Next Purpose: PART HEARD AT 2.45P.M.
Next Hearing Date: 23-03-2022
Date: 23-03-2022
Business: Adv. for accused present.
Adv. for complainant present.
Exh. No. 39 - An application by Adv. for accused for exemption. O - Granted.
Exh. No. 40 - An application by Adv. for accused for setting aside No cross order. O - No cross order is set aside subject to cost of Rs. 3000/- paid by accused to complainant.
Exh. No. 41 - Evidence of Mr. Rishikesh Bhirangi by Affidavit. O - Read and recorded.
Next Purpose: PART HEARD AT 2.45P.M.
Next Hearing Date: 20-04-2022
Date: 20-04-2022
Business: Complainant present. Ld. Adv. for complainant present. Accused absent. Ld. Adv. for accused present.
Next Purpose: PART HEARD AT 2.45P.M.
Next Hearing Date: 07-06-2022
Date: 07-06-2022
Business: Complainant and his adv. present.
Accused absent. Adv. for accused present.
Exh. No. 43 - An applicaition by Adv. for accused for exemption. O - Granted for today only.
In view of order passed below Exh. No. 40, permission granted to conduct cross-examination.
On S. A. cross-examination of Samir Dixit by Adv. Shyam Gavande for accused.
Cross-examination is over.
No re-examination.
Next Purpose: PART HEARD AT 2.45P.M.
Next Hearing Date: 08-07-2022
Date: 08-07-2022
Business: Complainant present. Ld. Adv. For Complainant present. Witness is present.
Accused absent Ld. Adv. for accused Present.
Exh - 44 - App for exemption of accused.
O - Granted for today only.
Exh - 45 - App for adjournment behalf of accused. O - Other side to say.
Next Purpose: PART HEARD AT 2.45P.M.
Next Hearing Date: 05-08-2022
Date: 05-08-2022
Business: Complainant present. Ld. Adv. for complainant present. Accused and Ld. Adv. for accused Present.
Exh - 46 - App for exemption of accused.
O - Granted.
Exh - 47 - App for issue summons to witness. O - Issue summons to witness as Prayed.
Exh No-38 contd. Page No-5.
On S.A.further cross-examination of Sunita Nagpure by Adv. Sham Gawande for accused.
Cross-examination is over.
No re-examination.
Next Purpose: PART HEARD AT 2.45P.M.
Next Hearing Date: 23-09-2022
Date: 23-09-2022
Business: Complainant absent. Ld. Adv. for complainant present. Exh. - 48 - Accused absent and exempted. Ld. Adv. for accused present.
Next Purpose: PART HEARD AT 2.45P.M.
Next Hearing Date: 03-11-2022
Date: 03-11-2022
Business: Adv. for complainant present.
Adv. for accused present.
Exh. No. 49 - An application by Adv. for accused for exemption. O - Granted for today only.
Exh. No. 50 - An application by Adv. for complainant for adjournment. O - Adj. granted as prayed.
Next Purpose: PART HEARD AT 2.45P.M.
Next Hearing Date: 10-01-2023
Date: 10-01-2023
Business: Complainant Present. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused present.
Exh - 51 - App for exemption on behalf of accused. O - Granted.
Exh - 52 - App for order issue warrant to serve presence of witness.
O- Issue BW of Rs.10000/- to witness as prayed.
Next Purpose: PART HEARD AT 2.45P.M.
Next Hearing Date: 28-02-2023
Date: 28-02-2023
Business: Accused Present. Ld Adv. for accused present.
Exh -53 - App for taken today on board. O - Allowed
Exh - 54 - Vakalatanama. - Seen.
Exh - 55 - App for cancellation of warrant.
O - BW against accused stand cancelled
and he is directed to remain present on next date.
Next Purpose: PART HEARD AT 2.45P.M.
Next Hearing Date: 02-03-2023
Date: 02-03-2023
Business: Complainant Present. Ld Adv. for complainant present.
Accused Present. Ld Adv. for accused present.
Exh.No. 56 Page No.1
Deposition of witness No 4 on behalf of complainant.
On S.A.Examination-in-chief by Adv Ramesh Prabhu for the complainant.
Cross-examination by Adv. Shyam Gavande for accused.
Cross-examination is over.
No re-examination.
Exh.No. 57 Page No.1
Deposition of witness No 5 on behalf of complainant.
On S.A.Examination-in-chief by Adv Ramesh Prabhu for the complainant.
Cross-examination by Adv. Shyam Gavande for accused.
Cross-examination is over.
No re-examination.
Exh - 58 - Purses for closing evidence.
O - Seen.
For 313 statement at 2.45 P.M.
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 03-04-2023
Date: 03-04-2023
Business: Complainant Present. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused present.
Exh - 59 - App for exemption on behalf of accused. O - Granted.
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 20-04-2023
Date: 20-04-2023
Business: Complainant Present. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused absent.
Exh - 60 - App for issue NBW.
O - Issue NBW against the accused on record of Adv for complainant prayed as 24/07/2023
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 19-06-2023
Date: 19-06-2023
Business: Accused Present. Ld Adv. for accused present.
Exh - 61 A - App for taken on board on today. O - Allowed.
Exh - 61 - App for cancellation of warrant.
O - NBW against accused stand cancelled
subject to penalty of Rs.1000/-
Exh - 62 - Statement of Accused Nitin Haridas Gajbhiye u/sec 313 of Cr.p.C. recorded.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 24-07-2023
Date: 24-07-2023
Business: Complainant Present. Ld Adv. for complainant absent.
Accused absent. Ld Adv. for accused absent.
Later on Ld Adv. for accused present.
Exh - 62 - App for exemption on behalf of accused. O - Granted.
Exh - 63 - App for adjournment on behalf of accused. o - Adjournment granted as a last chance
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 11-09-2023
Date: 11-09-2023
Business: Complainant Present. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused present.
Exh - 64 - App for exemption on behalf of accused. O - Granted.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 03-11-2023
Date: 03-11-2023
Business: Complainant Present. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused present.
Exh - 66 - App for exemption on behalf of accused. O - Granted.
Exh - 67 - App for adjournment on behalf of accused. o - Adjournment granted as a last chance
Oral argument heard for complainant.
For Argument of accused.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 04-12-2023
Date: 04-12-2023
Business: Metropolitan Magistrate is on leave, charge with Metropolitan Magistrate, 44th Court, Andheri, Mumbai.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 05-01-2024
Date: 05-01-2024
Business: Complainant Present. Ld Adv. for complainant present.
Accused Present. Ld Adv. for accused present.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 02-02-2024
Date: 02-02-2024
Business: Complainant absent. Ld Adv for complainant Present. Accused present. Ld Adv for accused Present.
Order Below Exh-68
i. The accused Mr. Nitin Haridasji Gajbhiye 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.
ii. Accused is sentenced to suffer simple imprisonment for period of Six months and he shall pay compensation of Rs. 20,00,000/- (Rs. Twenty Lacs 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 one month.
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 his 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. 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.
vii. Dictated and pronounced in open court.
Nature Of Disposal: CONVICTED
Disposal Date: 02-02-2024
