Date: 10-10-2018
Business: Adv. for compt. present. Ex.4-Verificatioin. Ex.5-Pursis. Documents verified. Order passed below Ex. 1-Process issued.
Next Purpose: FOR VERIFICATION
Next Hearing Date: 15-03-2019
Date: 15-03-2019
Business: Adv. for compt. pt. Ex.6-Authority letter. Ex.7-List . Ex.8- Appln.for warrant- Issue B/W of Rs.5000/- against accd. for report.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 09-09-2019
Date: 09-09-2019
Business: LD. M.M. Is on leave. Board discharged.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 22-11-2019
Date: 22-11-2019
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: 06-03-2020
Date: 06-03-2020
Business: Ld Adv for the complainant present
Exh - 09 - An application by the Ld Adv for the complainant for issuance of NBW against the accused and it is directed to issue NBW against accused No. 02
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 16-07-2020
Date: 16-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 25-09-2020
Date: 25-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 07-12-2020
Date: 07-12-2020
Business: Adv for complt ab.
for steps.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 12-04-2021
Date: 12-04-2021
Business: As per Office Order No. ESTT.16/675/2021, C.M.M., Esplanade, Mumbai, Dt. 09-04-2021, Board Discharged.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 12-06-2021
Date: 12-06-2021
Business: As per Office Order bearing No. 16/902/2021 of Office of the Hon''ble C. M. M. Esplanade, Mumbai dated 07/06/2021, Saturday, dated 12/06/2021 is declared holiday to take the precautionary measures and to break the chain of spread of Corona Virus infection. Hence, board is discharged.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 01-09-2021
Date: 01-09-2021
Business: Complainant absent his adv. present accused absent his adv. absent Exh-10 Application for re issue of non bailable warrant through concerned police station against accused. O- Issue NBW against accused no 02. for report.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 18-12-2021
Date: 18-12-2021
Business: Adv. for complainant present.
Exh. No. 10 - An application for Re-issue of Non Bailable warrant against accused. O - Issue BWT of Rs. 10,000/- against accused.
For report and steps.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 27-12-2021
Date: 27-12-2021
Business: Accused and his Adv. present.
Exh. No. 11 - An application for taking matter on today\''s board. O - Allowed.
Exh. No. 12 - Vakalatnama. O - Seen.
Exh. No. 13 - An application for bail of accused no. 2. O - Accused is released on bail on executing PR and Cash security of Rs. 5000/-
Exh. No. 14 - An application for cancellation of NBW against accused no. 2. O - NBW against accused stands cancelled subject to penalty of Rs. 1000/-.
Exh. No. 15 - PR and Cash bond of Accused no. 2.
Exh. No. 16 - Plea of accused.
For Evidence.
Matter is already fixed on 05-03-2022, in 1st session.
Next Purpose: FOR HEARING
Next Hearing Date: 05-03-2022
Date: 05-03-2022
Business: Complainant absent. Ld. Adv. for complainant present. Accused absent his adv. present Exh-17 Police report. Exh-18 Application for exemption. O- granted.
Next Purpose: FOR HEARING
Next Hearing Date: 07-04-2022
Date: 07-04-2022
Business: Complainant absent. Ld. Adv. for complainant present. Accused absent. Ld. Adv. for accused present. Exh - 19 - App for exemption of accused. O - Granted.
Next Purpose: FOR HEARING
Next Hearing Date: 30-04-2022
Date: 30-04-2022
Business: Adv. for complainant present.
Adv. for accused present.
Exh. No. 19 - An application by Adv. for complainant for adjournment. O - Already sufficient time granted. No reasons for adjournment. Hence, rejected. Case fixed for dismissal order on 06-06-2022
Exh. No. 20 - An application by Adv. for accused for exemption. O - Granted for today only.
Next Purpose: For order
Next Hearing Date: 06-06-2022
Date: 06-06-2022
Business: Complainant present. Ld. Adv. for complainant present.
Exh - 21 - 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 - 22 - Verification statement of complainant. O - Seen.
Exh - 23 - List of document. O- Call say of accused about admissibility of document.
Exh - 24 - App for exemption of accused. O - Granted.
Next Purpose: PART HEARD
Next Hearing Date: 13-07-2022
Date: 13-07-2022
Business: Complainant absent. Ld. Adv. For Complainant present. Accused and Ld. Adv. for accused absent.
Exh - 25 - App for issue of warrant.
O - Accused absent issue NBW against accused.
Next Purpose: PART HEARD
Next Hearing Date: 22-08-2022
Date: 22-08-2022
Business: Complainant present. Adv. for complainant present.
Accused absent. Adv. for accused absent.
NBW is pending against accused.
For further examination in chief.
Next Purpose: PART HEARD
Next Hearing Date: 06-10-2022
Date: 06-10-2022
Business: Complainant absent. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused absent.
Next Purpose: PART HEARD
Next Hearing Date: 28-11-2022
Date: 28-11-2022
Business: Complainant Present. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused absent.
Exh. No. 21 contd. Page No-19.
On S.A.further examination-in-chief of Mr. Mohd Rafiq Usman Momin by Advocate Bilal qureshi holding for Adv. Zahid Ansari and Associates for the complainant.
Exh - 21 - affidavit of examination-in-chief, contents true and correct.
Exh - 22 - filed document along with list.
Accused and his advocate are absent when called. Accused did not file application about admissibility of document. Hence matter to proceed further without say of accused.
Exh - 26 - Extract of registration of firm.
Exh - 27 and 28 - Deed of partnership dated 14/02/1984 and 19/02/2021.
Exh 29 to 33 - 5 Original invoices.
Exh - 34 to 38 - Delivery challans.
Exh 39 to 41 - 3 original cheque.
Article-A to C - 3 cheque returned memos.
Exh 42 and 43 - 2 Original cheques.
Article-D and E - Cheque returned memos.
Exh - 44 - Office copy of notice.
Exh - 45 - Postal receipts.
Exh - 46 - A.D. Card.
Exh - 47 - Track report along with certificate u/sec 65 (b) of evidence Act.
Exh - 48 - Extract of ledger account.
Cross-examination by Advocate for accused.
( accused and his advocate are absent when called, hence matter is adjourned for cross-examination till next date. )
Next Purpose: PART HEARD
Next Hearing Date: 24-01-2023
Date: 24-01-2023
Business: Complainant absent. Ld Adv. for complainant present.
Exh - 50 - App for passing no cross order.
O - Accused absent though hence application is allowed and no cross order is passed.
Exh. No.21 contd. Page No.20.
On S.A.cross-examination of Mr. Mohd Rafiq Usman Momin by Adocate for accused.
Accused and his advocate are absent. Hence matter to proceed without cross-examination of accused.
No cross-examination.
Next Purpose: PART HEARD
Next Hearing Date: 21-02-2023
Date: 21-02-2023
Business: Both Parties absent. Case is adjourned next date
Next Purpose: PART HEARD
Next Hearing Date: 10-04-2023
Date: 10-04-2023
Business: Complainant absent. Ld Adv. for complainant present.
Exh - 51 - App for adjournment on behalf of complainant. o - Adjournment granted as a last chance
Next Purpose: PART HEARD
Next Hearing Date: 05-06-2023
Date: 05-06-2023
Business: Complainant Present. Ld Adv. for complainant present.
Exh - 52 - closing Evidence purses.
O - Seen.
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 23-06-2023
Date: 05-06-2023
Business: Complainant Present. Ld Adv. for complainant present.
Exh - 52 - closing Evidence purses.
O - Seen.
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 23-06-2023
Date: 23-06-2023
Business: Complainant Present. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused absent.
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 28-07-2023
Date: 28-07-2023
Business: Complainant Present. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused absent.
Exh - 53 - App for issue NBW against the accused. O - issue NBW against the accused.
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 29-08-2023
Date: 29-08-2023
Business: Complainant absent. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused absent.
Exh - 54 - App for exemption on behalf of complainant. O - Granted.
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 30-10-2023
Date: 30-10-2023
Business: Complainant Present. Ld Adv. for complainant present.
Exh - 55 - App for issue of show cause notice to commissioner of police mira bhaider.
O - Issue show cause notice as prayed.
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 07-12-2023
Date: 07-12-2023
Business: Metropolitan Magistrate is on leave, charge with Metropolitan Magistrate, 44th Court, Andheri, Mumbai.
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 24-01-2024
Date: 24-01-2024
Business: Complainant Present. Ld Adv. for complainant present.
Exh - 56 - App for issue of show cause notice to Police Authorities
O - Issue NBW against the accused and show cause notice to concerned PI for not complying earlier order.
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 05-03-2024
Date: 05-03-2024
Business: Metropolitan Magistrate is on leave, charge with Metropolitan Magistrate, 44th Court, Andheri, Mumbai. Case is adjourned next date
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 16-04-2024
Date: 16-04-2024
Business: Complainant absent. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused absent.
Exh - 57- App for issue show cause notice to police authorities and issue NBW.
O - Re-issue NBW agiant the accused and show cause notice to concerned PI
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 20-05-2024
Date: 20-05-2024
Business: All the courts and Offices under the control of Chief Metropolitan Magistrate, Esplanade, Mumbai will remain closed on Monday 20th may, 2024 and in lieu of this holiday. 22th June 2024, 4th Saturday will be observed as Court working day for the office of the chief metropolitan Magistrate, Mumbai.
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 22-06-2024
Date: 22-06-2024
Business: Holding Adv. for complainant filed application for proceeding the above complaint without U/Sec. 313 of CR. P. C. statement of accused. O - Other side to say. No say of accused hence order passed on seprate sheet. Order Below Exh. 58 O- Application is allowed statement of accused U/Sec. 313 of (1) (b) of CR. P.C. is despence with and case is fix for final argument.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 29-07-2024
Date: 29-07-2024
Business: Complainant absent. Ld Adv for complainant Present.
Exh - 59 - App for adjournment on behalf of complainant . O - Granted
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 23-08-2024
Date: 23-08-2024
Business: Complainant absent. Ld Adv for complainant Present.
Exh - 60 - App for exemption on behalf of complainant . O - Granted
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 26-09-2024
Date: 26-09-2024
Business: Complainant Present. Ld Adv for complainant Present.
Accused absent. Ld Adv for accused Present.
Exh - 61 - App for adjournment on behalf of complainant . O - Granted
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 25-10-2024
Date: 25-10-2024
Business: Complainant Present. Ld Adv for complainant Present.
Accused absent. Ld Adv for accused Present.
Exh - 62 - App for exemption on behalf of accused. O - Granted
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 26-11-2024
Date: 26-11-2024
Business: Complainant absent. Ld Adv for complainant Present.
Accused absent. Ld Adv for accused absent.
Exh - 63 - App for issue witness summons to DCB Bank , Andheri W
O - Other side to say.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 17-01-2025
Date: 17-01-2025
Business: Complainant absent. Ld Adv for complainant Present.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 02-04-2025
Date: 02-04-2025
Business: Complainant absent. Ld Adv for complainant Present.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 23-05-2025
Date: 23-05-2025
Business: Both parties absent Case adjourned for next date.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 11-07-2025
Date: 11-07-2025
Business: Complainant absent. Ld Adv for complainant Present.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 30-08-2025
Date: 30-08-2025
Business: Complainant Present. Ld Adv for complainant Present.
Accused Present. Ld Adv for accused Present
Exh - 64 A - App for taking document on record. O - Production of document.
Exh - 64 -
Deposition of witness No-2 on behalf of complainant
On S.A. Examination-in-chief by Advocate Mohammed Bilal Qureshi for the complainant.
Cross-examination by Adv. for accused.
Accused and his advocate are absent, hence no cross-examination.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 29-09-2025
Date: 29-09-2025
Business: Complainant absent. Ld Adv for complainant Present.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 31-10-2025
Date: 31-10-2025
Business: Complainant Present. Ld Adv for complainant Present.
Oral argument heard
For Judgement
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 18-11-2025
Date: 18-11-2025
Business: Complainant absent. Ld Adv for complainant Present.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 19-12-2025
Date: 19-12-2025
Business: Complainant absent. Ld Adv for complainant Present.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 30-01-2026
Date: 30-01-2026
Business: Complainant Present. Ld Adv for complainant Present.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 18-02-2026
Date: 18-02-2026
Business: Both parties absent Case adjourned for next date.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 02-04-2026
Date: 02-04-2026
Business: Complainant absent. Ld Adv for complainant Present.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 23-04-2026
Date: 23-04-2026
Business: Judicial Magistrate (First Class) 48th court, is on leave charge with Judicial Magistrate (first Class) 10th Court, Andheri , Mumbai.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 16-06-2026
Date: 16-06-2026
Business: Complainant absent. Ld Adv for complainant Present.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 02-07-2026
Date: 02-07-2026
Business: Complainant absent. Ld Adv for complainant Present.
Order Below Exh-72
1. Accused No. 2. Mr. Rahul Pathak- director of accused No.1. KRP Infrastructures and Builders Pvt. Ltd., 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 nine months.
2. Accused is directed to pay compensation Rs. 15,14,166/- Rs. Fifteen Lacs Fourteen Thousand One Hundred Sixty Six Only to the complainant within three months from today, in default to suffer Simple Imprisonment for one month.
3. Accused to surrender to his 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. Today i.e. on the date of judgment accused remained absent, hence issue standing Non-bailable warrant against the accused for his arrest through concerned police station for execution of sentence in view of Section 418 2 of Cr.P.C.
7. The copy of this Judgment shall be send to the convicted accused, free of cost, in view of section 363(1) of the Code of Criminal Procedure, 1973.
8. Dictated and pronounced in open court.
Nature Of Disposal: CONVICTED
Disposal Date: 02-07-2026
