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Summons Private cases SS

SUDIP PANDEYVsSODHI BUILDERS +2 more

CNR MHMM19007851201848-Judicial Magistrate (First Class), 48th Court
CASE DISPOSED
Contested--ACQUITTED
Decision Date: 12th January 2024

TrustJury record updated 24 Sept 2026

Case Overview

Registration Number
3062/2018
Registration Date
06 Aug 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    4

    Acts & Sections

    1
    NEGOTIABLE INSTRUMENTS ACT · Sec 138

    Case History / Proceedings

    Case History
    Date: 06-09-2018
    Business: Compt. pt. Adv. pt. Ex.5-VP. Ex.6-Court fee paid. Ex.7-Verification. Order passed below Ex.1-process issued.
    Next Purpose: FOR VERIFICATION
    Next Hearing Date: 15-11-2018
    
    Date: 15-11-2018
    Business: Adv. for complainant present.
    Adv. for accused present.
    for plea.
    Next Purpose: FOR VERIFICATION
    Next Hearing Date: 14-12-2018
    
    Date: 14-12-2018
    Business: Both parties pt. with their Adv. for reply on Ex.17 and evidence.
    Next Purpose: FOR VERIFICATION
    Next Hearing Date: 19-01-2019
    
    Date: 19-01-2019
    Business: Both parties pt.with Adv. for arg. on Ex. 17.
    Next Purpose: FOR VERIFICATION
    Next Hearing Date: 16-03-2019
    
    Date: 16-03-2019
    Business: Adv. for both side present. Ex.21-Written notes of arg. of comptt. on Ex. 17. Ex.22-Appln. for taking on record affidavit of Manoj Pathak  on behalf of accd. -Production allowed. Ex. 23-List of documents-Filed and complainant to say about admissibility of documents. for reply on Ex. 23 and arg. on Ex. 17.
    Next Purpose: FOR HEARING AT 2.45 P.M.
    Next Hearing Date: 07-05-2019
    
    Date: 07-05-2019
    Business: Adv. for both side pt. Ex.24-Appln. by comptt. for direction to accused to deposit passport-O.S. to say. Ex. 25-Written arg.  of accd. to appln of comptt. u/s. 143(A) of Cr.P.C. Ex.26-Affidavit of evidence of P.W. no. 1. Ex.27-List of documents-Seen and defence Adv. to say about admissibility of documents.
    Heard arguments on Ex.17-Appln. u/s.143(A) of Cr.P.C.
    Next Purpose: FOR HEARING AT 2.45 P.M.
    Next Hearing Date: 07-06-2019
    
    Date: 07-06-2019
    Business: Compt. pt. Adv. pt. Accd. pt. Adv. pt. Heard arg. on appln. for 143(A). for case laws.
    Next Purpose: FOR HEARING AT 2.45 P.M.
    Next Hearing Date: 28-06-2019
    
    Date: 28-06-2019
    Business: Adv. for both side pt. Ex. 28-Pursis  by compt. for order on appln. u/s. 143(A) of Cr.P.C.
    Next Purpose: FOR HEARING AT 2.45 P.M.
    Next Hearing Date: 02-08-2019
    
    Date: 02-08-2019
    Business: Ld. M.M. is on leave. Charge with LD. M.M. 63rd  Court. Board discharged.
    Next Purpose: FOR HEARING AT 2.45 P.M.
    Next Hearing Date: 26-08-2019
    
    Date: 26-08-2019
    Business: complainant absent his adv. present.
    accused present his adv. present.
    for evidence.
    Next Purpose: FOR HEARING AT 2.45 P.M.
    Next Hearing Date: 06-11-2019
    
    Date: 06-11-2019
    Business: Adv. for both side pt. Ex. 32-Accd. no. 3 exempted for today. for evidence
    Next Purpose: FOR HEARING
    Next Hearing Date: 05-02-2020
    
    Date: 05-02-2020
    Business: Adv for both sides pt.
    EX.33- Appln for permission to submit document - Production Allowed.
    For evidence.
    Next Purpose: FOR HEARING
    Next Hearing Date: 17-03-2020
    
    Date: 17-03-2020
    Business: Ld. MM is on Jail Visit Charged with MM 63rd Court
    Next Purpose: FOR HEARING
    Next Hearing Date: 27-04-2020
    
    Date: 27-04-2020
    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: FOR HEARING
    Next Hearing Date: 10-06-2020
    
    Date: 10-06-2020
    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: 07-08-2020
    
    Date: 07-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR HEARING
    Next Hearing Date: 05-10-2020
    
    Date: 05-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR HEARING
    Next Hearing Date: 07-12-2020
    
    Date: 07-12-2020
    Business: Adv for complt pt. Adv for accud ab.
    for steps.
    Next Purpose: FOR HEARING
    Next Hearing Date: 12-01-2021
    
    Date: 12-01-2021
    Business: Court is vacant. Board discharged.
    Next Purpose: FOR HEARING
    Next Hearing Date: 02-02-2021
    
    Date: 02-02-2021
    Business: Court is vacant. Board discharged.
    Next Purpose: FOR HEARING
    Next Hearing Date: 22-04-2021
    
    Date: 22-04-2021
    Business: Court is Vacant. Charge with Ld. M. M. 63rd Court. Board Discharged.
    Next Purpose: FOR HEARING
    Next Hearing Date: 18-06-2021
    
    Date: 18-06-2021
    Business: Adv for both sides absent for Steps.
    Next Purpose: FOR HEARING
    Next Hearing Date: 27-07-2021
    
    Date: 27-07-2021
    Business: Both parties absent.
    Next Purpose: FOR HEARING
    Next Hearing Date: 27-08-2021
    
    Date: 27-08-2021
    Business: Complainant absent his adv. absent accused present his adv. present. for steps.
    Next Purpose: FOR HEARING
    Next Hearing Date: 05-10-2021
    
    Date: 05-10-2021
    Business: Complainant present with advocate. Ld. Adv. for accused Nos. 01 to 03 present. Exh. - 34 - Vakalatanama filed by the Ld. Adv. for accused No. 01 to 03. Further examination in chief of Mr. Sudeep Pandey on Exh. - 26 by Ld. Adv. Satish Goud the complainant resumed on S. A. Exh. - 35 to Exh. - 37 - 03 (Three) original cheques. Exh. 38 to Exh. 40 - Cheque return memos. Exh. - 41 - Demand Notice. Exh. - 42 - Reply sent by accused. Exh. - 43 - Rejoinder by the complainant . Exh. - 44 to Exh. 46 - Postal receipts. Exh. 47 to Exh. 48 - Acknowledgements. Article - A - Bank Statement. Exh. - 49 - Order passed by RERA authority. Exh. 50 to Exh. 51 - Copy of 2 allotment letters. Exh. - 52 - Letter by sodhi builders to complainant. Cross-examination by advocate Deepak Malkani for accused. On oral request of Adv. for accused further Cross-examination is deferred till next date
    Next Purpose: PART  HEARD AT  2.45P.M.
    Next Hearing Date: 29-10-2021
    
    Date: 29-10-2021
    Business: complainant and his advocate present.
    Accused absent his advocate present.
    Exh. No. 35 - An application for adjournment.
    For further cross examination.
    Next Purpose: PART  HEARD AT  2.45P.M.
    Next Hearing Date: 17-11-2021
    
    Date: 17-11-2021
    Business: Complainant present with advocate. Accused absent. Ld. Adv. for accused present. The case is adjourned as court time is over.
    Next Purpose: PART  HEARD AT  2.45P.M.
    Next Hearing Date: 10-12-2021
    
    Date: 10-12-2021
    Business: Complainant present with advocate. Accused present with advocate. Cross examination  of Sudip Pandey on Exh. - 26 by Ld. Adv. Dipak Malkani for accused on S. A. Further cross is deferred till next date.
    Next Purpose: PART  HEARD AT  2.45P.M.
    Next Hearing Date: 04-01-2022
    
    Date: 04-01-2022
    Business: Complainant and his Adv. present.
    Accused and their Adv. present.
    On S. A. further cross-examination of complainant by Adv. for accused.
    Cross-examination is over. No re-examination.
    Exh. No. 27 - An application by Adv. for accused to allow the accused to file secondary evidence. O - Allowed.
    Matter is fixed on 18-01-2022, in 2nd session.
    Next Purpose: PART  HEARD AT  2.45P.M.
    Next Hearing Date: 18-01-2022
    
    Date: 18-01-2022
    Business: Both parties absent.
    Next Purpose: PART  HEARD AT  2.45P.M.
    Next Hearing Date: 04-02-2022
    
    Date: 04-02-2022
    Business: Accused and his Adv. absent.
    Next Purpose: PART  HEARD AT  2.45P.M.
    Next Hearing Date: 17-02-2022
    
    Date: 17-02-2022
    Business: Complainant present with advocate. Exh. - 28 - Pursis of closure of evidence filed by Ld. Adv. for complainant. - O - Seen.
    Next Purpose: FOR STATEMENT U/sec 313
    Next Hearing Date: 21-02-2022
    
    Date: 21-02-2022
    Business: Complainant absent. Ld. Adv. for complainant present. Accused Nos. 02 and 03 present with advocate. Exh. 56 and Exh. 57 - Statement under section 313 of Cr.P.C of accused  Nos. 02 and 03 is read and recorded. For Defence Evidence.
    Next Purpose: PART  HEARD AT  2.45P.M.
    Next Hearing Date: 14-03-2022
    
    Date: 14-03-2022
    Business: Complainant and his Adv. present.
    Accused and his Adv. present.
    Exh. No. 58 - An affidavit of evidence of accused no. 2.
    Exh. No. 59 - List of documents. O - Call say of accused about admissibility of documents.
    On S. A. further examination in chief of Kamaljit Singh by Adv. D. K. Malkani for accused.
    Ld. Adv. for complainant Shri. Satish Goud has denied all the documents.
    Exh. No. 60 to 63 - Bank account statement.
    Exh. No. 64 collectively - Income tax return alongwith balance sheet supported by certificate of chartered account.
    Cross-examination by Adv. Satish Goud for complainant.
    On Oral request of Adv. for complainant, cross-examination is deferred till next date.
    Next Purpose: PART  HEARD AT  2.45P.M.
    Next Hearing Date: 25-03-2022
    
    Date: 25-03-2022
    Business: Complainant present. Adv. for complainant present. Accused present. Adv. for accused present.
    On S.A. further cross-examination of Kamljit Singh by Adv. D. K. Malkani for complainant.
    On Oral request of Adv. for complainant, cross-examination is deferred till next date.
    Next Purpose: PART  HEARD AT  2.45P.M.
    Next Hearing Date: 01-04-2022
    
    Date: 01-04-2022
    Business: complainant and his Adv. present.
    Accused and his Adv. present.
    Further Cross-examination of Mr. Kamaljit Singh by Advocate Satish Goud for complainant.
    Exh - 58 Conted. Further cross-examination of Mr. Kamaljit singh by Adv satish goud for complainant.
    Cross-examination is over.
    No re-examination.
    Next Purpose: PART  HEARD AT  2.45P.M.
    Next Hearing Date: 04-05-2022
    
    Date: 04-05-2022
    Business: Complainant present. Ld. Adv. for complainant present. Accused and Ld. Adv. for accused Present.
    Exh - 59 - Vakalatnama. O - Seen.
    Exh - 60 - Affidavit of evidence of Mr. Manoj V. Pathak, The deffence witness.
    Exh - 61 - App for the complainant above named for discarding the affidavit in-lieu of examination-in-chief filed by DW2 in view of legal precedents relied in the present application. O - Affidavit is not present by the Adv. for accused hence filed.
    Exh - 62 - Deposition of witness No-2 on behalf of accused.
    On S.A.Examination-in-chief by Adv. Dipak malkani for the accused.
    Cross-examination by Adv. Sairaj Dable for complainant.
    (On Oral request of Adv. for complainant, matter is adjourned for cross-examination on next date.
    Next Purpose: PART  HEARD AT  2.45P.M.
    Next Hearing Date: 19-05-2022
    
    Date: 19-05-2022
    Business: Complainant present. Ld. Adv. for complainant present.
    Accused Present. Ld. Adv. for accused present. Cross examination of Manoj Pathak (A. W. No. 02) by Adv. Sairaj Dable for the complainant on S. A. Cross examination is deferred till next date as court time is over.
    Next Purpose: PART  HEARD AT  2.45P.M.
    Next Hearing Date: 23-06-2022
    
    Date: 23-06-2022
    Business: Ld. Metropolitan Magistrate, 48th Court, Andheri, Mumbai is on leave charge is with Ld. Metropolitan Magistrate, 63rd Court, Andheri, Mumbai
    Next Purpose: PART  HEARD AT  2.45P.M.
    Next Hearing Date: 18-07-2022
    
    Date: 18-07-2022
    Business: Complainant and his Adv. present.
    Accused and his Adv. present.
    Witness present.
    On S. A. further cross-examination of Manoj Pathak by Adv. Sairaj Dable for complainant.
    Cross-examination is over.
    No re-examination.
    For further evidence.
    Next Purpose: PART  HEARD AT  2.45P.M.
    Next Hearing Date: 27-07-2022
    
    Date: 27-07-2022
    Business: Complainant Present. Ld. Adv. for complainant present.  Accused and Ld. Adv. for accused Present.
    Exh - 63 - App for Re-calling the Witness u/sec 311 Cr.P.C. O - Other side to say.
    Next Purpose: PART  HEARD AT  2.45P.M.
    Next Hearing Date: 26-08-2022
    
    Date: 26-08-2022
    Business: Complainant and his Adv. present.
    Accused and his Adv. present.
    Exh. No. 64 - Reply to the application for recalling the witness U/sec. 311 of Cr. P. C. O - Seen .
    For order on Exh. No. 63.
    Next Purpose: PART  HEARD AT  2.45P.M.
    Next Hearing Date: 06-09-2022
    
    Date: 06-09-2022
    Business: Complainant and his Adv. present.
    Accused and their Adv. present.
    Heard oral argument of both parties on Exh. No. 63.
    For order on Exh. No. 63.
    Next Purpose: PART  HEARD AT  2.45P.M.
    Next Hearing Date: 06-10-2022
    
    Date: 06-10-2022
    Business: Complainant Present. Ld Adv. for complainant present.
    Accused Present. Ld Adv. for accused present.
    Order below Exh - 63.
    Order - App is allowed and permission granted to complainant to lead evidence by filling his additional affidavit to the extent of document which she has attached along with his application subject to payment of cost of Rs.5000/- to the accused.
    Next Purpose: PART  HEARD AT  2.45P.M.
    Next Hearing Date: 21-11-2022
    
    Date: 21-11-2022
    Business: Complainant Present. Ld Adv. for complainant present.
    Accused Present. Ld Adv. for accused present.
    Exh - 65 - Notice u/sec 66 of IT Act.
    O - Other side to say.
    Exh - 66 - Additional affidavit of chief-examination of complainant.
    O - Read and Record.
    Exh.66 contd Page No-08.
    On S.A.further examination-in-chief of Sudip Pandey by Advocate Sairaj Dable for the complaianant.
    Exh - 66 -  Additional affidavit of examination-in-chief, contents true and correct.
    Exh - 67 - filed document along with list.
    Exh - 68 collectively - RTI information dated 19/04/2022 along with RTI application dated 04/04/2022.
    Exh - 69 - Reply sent by Institute of chartered account of India.
    Exh - 70 - RTI information dated 14/07/2022 along with RTI application dated 13/06/2022.
    Cross-examination by adv. Dipak Malkani 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: 05-12-2022
    
    Date: 05-12-2022
    Business: Complainant Present. Ld Adv. for complainant present.
    Accused Present. Ld Adv. for accused present.
    Exh. No.66 contd. Page No-09.
    On S.A.cross-examination of sudip Pandey by Adv. Deepak Malkani 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: 15-12-2022
    
    Date: 15-12-2022
    Business: Complainant and his Adv. present.
    Accused and his Adv. present.
    Exh. No. 72 - An application by adv. for complainant for production of documents. O - Allowed to produce.
    On S. A. cross-examination of Sudip Pandey by Adv. Dipak Malkani for accused.
    Due to paucity of time, cross-examination is deferred till next date.
    Next Purpose: PART  HEARD AT  2.45P.M.
    Next Hearing Date: 20-01-2023
    
    Date: 20-01-2023
    Business: Metropolitan Magistrate is on leave, charge with Ld. Metropolitan Magistrate, Railway Mobile Court, Andheri, Mumbai.
    Next Purpose: PART  HEARD AT  2.45P.M.
    Next Hearing Date: 09-02-2023
    
    Date: 09-02-2023
    Business: Complainant Present. Ld Adv. for complainant present.
    Accused present. Ld Adv. for accused present.
    Next Purpose: PART HEARD
    Next Hearing Date: 10-03-2023
    
    Date: 10-03-2023
    Business: Complainant absent. Ld Adv. for complainant present.
    Accused Present. Ld Adv. for accused present.
    Next Purpose: PART HEARD
    Next Hearing Date: 12-04-2023
    
    Date: 12-04-2023
    Business: Complainant Present. Ld Adv. for complainant present.
    Accused Present. Ld Adv. for accused present.
    Exh. No. 66 contd. Page No.15.
    On S.A.further cross-examination of sudip Pandey by Adv. Deepak Malkani for accused.
    Cross-examination is over
    No re-examination.
    Next Purpose: PART HEARD
    Next Hearing Date: 29-04-2023
    
    Date: 29-04-2023
    Business: Complainant absent. Ld Adv. for complainant present.
    Accused Present. Ld Adv. for accused present.
    Exh - 73 - App for adjournment on behalf of complainant. o - Adjournment granted as a last chance
    Next Purpose: PART HEARD
    Next Hearing Date: 08-06-2023
    
    Date: 08-06-2023
    Business: Metropolitan Magistrate is on Concession leave, charge with Ld. Metropolitan Magistrate, 10th Court, Andheri, Mumbai.
    Next Purpose: PART HEARD
    Next Hearing Date: 12-07-2023
    
    Date: 12-07-2023
    Business: Complainant Present. Ld Adv. for complainant present.
    Accused Present. Ld Adv. for accused present.
    Exh - 74 - Written argument on behalf of complainant. O - Seen.
    Exh - 75 - Written argument on behalf of accused. O - Seen.
    Next Purpose: FOR ARGUMENTS
    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 - 76 - App for adjournment on behalf of complainant. o - Adjournment granted as a last chance
    Next Purpose: FOR ARGUMENTS
    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.
    Next Purpose: FOR ARGUMENTS
    Next Hearing Date: 19-10-2023
    
    Date: 19-10-2023
    Business: Complainant Present. Ld Adv. for complainant present.
    Accused Present. Ld Adv. for accused present.
    Oral argument of accused heard. complainant to reply argument.
    Next Purpose: FOR ARGUMENT AT 2.45
    Next Hearing Date: 28-11-2023
    
    Date: 28-11-2023
    Business: Complainant Present. Ld Adv. for complainant present.
    Accused absent. Ld Adv. for accused present. On Oral request of both the parties case is adjourned next date
    Next Purpose: FOR ARGUMENT AT 2.45
    Next Hearing Date: 14-12-2023
    
    Date: 14-12-2023
    Business: Complainant Present. Ld Adv. for complainant present.
    Accused Present. Ld Adv. for accused present.
    Matter kept for Judgment on next date
    Next Purpose: FOR JUDGMENT
    Next Hearing Date: 09-01-2024
    
    Date: 09-01-2024
    Business: Complainant Present. Ld Adv. for complainant present.
    Accused Present. Ld Adv. for accused present.
    Next Purpose: FOR JUDGMENT
    Next Hearing Date: 12-01-2024
    
    Date: 12-01-2024
    Business: Complainant Present. Ld Adv for complainant Present. Accused Present. Ld Adv for accused Present.
    Order Below Exh- 77
    1]	Accused No. 1. Sodhi Builders, accused no.2 Kartar Sodhi, and accused no. 3. Kamaljeet Sodhi- partners of accused no. 1 are hereby acquitted vide Section 255(1) of Criminal Procedure code for an offence punishable under Section 138 r/w. Section 141 of the Negotiable Instruments Act.
    2]   Bail bonds of accused stands canceled.
    3] Accused No. 2 and 3 shall execute P.R. Bond of Rs. 15,000/- each, 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: 12-01-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 9666/2018
    Filing Date: 06-08-2018
    First Hearing Date: 06th September 2018
    Decision Date: 12th January 2024
    Court Number And Judge: 48-Judicial Magistrate (First Class), 48th Court

    Orders

    1
    Final Order 1Full order available
    12 Jan 2024

    Order Details: Copy of Judgment Pdf Text: 1 C. C. No. 3062/SS/2018 Filed on : 06/08/2018 Registered on : 06/08/2018 Decided on : 12/01/2024 Duration : 05Y. 05M. 06D. IN THE COURT OF METROPOLITAN MAGISTRATE 48TH COURT ANDHERI MUMBAI (Presided over by K. G. Sawant) Case No. 3062/SS/2018 CNR: MHMM190078512018 Exh. No. Mr. Sudip Pandey. 1302/Kia Park, Opp. Country Club, Prathamesh Complex, Veera Desai Road, Andheri (W), Mumbai 400053 …Complainant Versus 1. Sodhi Builders. Gala No. 4, Opp. Plot No.…

    Read Full Order

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