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Summons Private cases SS

SHREEMATI LEELABEN CHAMPALAL JAINVsHARISH GOPAL BANGERA +1 more

CNR MHMM19009364201848-Judicial Magistrate (First Class), 48th Court
CASE DISPOSED
Contested--WITHDRAWN DURING OR AFTER EVIDENCE
Decision Date: 12th July 2024

TrustJury record updated 25 Sept 2026

Case Overview

Registration Number
3510/2018
Registration Date
31 Aug 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    Representation of the People Act · Sec 138

    Case History / Proceedings

    Case History
    Date: 26-09-2018
    Business: Adv. for compt. present. Ex. 5-Appln. for furnishing court fees-Allowed. Ex.6-Verification. Documents verified. for order of process.
    Next Purpose: FOR VERIFICATION
    Next Hearing Date: 18-12-2018
    
    Date: 18-12-2018
    Business: Adv. for compt. pt. Heard arguments on process. Order passed below Ex. 1- Issue process against accused no.1 only.
    Next Purpose: NOT HEARD AT 2.45 P.M.
    Next Hearing Date: 26-03-2019
    
    Date: 26-03-2019
    Business: Adv. for compt. pt. Ex. 7-Appln. for summons on new address-Issue. for report.
    Next Purpose: NOT HEARD AT 2.45 P.M.
    Next Hearing Date: 08-07-2019
    
    Date: 08-07-2019
    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: 13-09-2019
    
    Date: 13-09-2019
    Business: Adv. for compt. pt. Ex.8- Appln. for warrant against accd. -Issue B/W of Rs.5000/- against accd. Ex.9-List. for B/W report.
    Next Purpose: NOT HEARD AT 2.45 P.M.
    Next Hearing Date: 06-12-2019
    
    Date: 06-12-2019
    Business: Adv. for compt. pt. Ex. 9-Appln. for show cause notice to police- Issue notice as prayed. for warrant report.
    Next Purpose: NOT HEARD AT 2.45 P.M.
    Next Hearing Date: 03-02-2020
    
    Date: 03-02-2020
    Business: Adv for complt pt.
    For evidence.
    Next Purpose: FOR HEARING
    Next Hearing Date: 13-04-2020
    
    Date: 13-04-2020
    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: 29-06-2020
    
    Date: 29-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR HEARING
    Next Hearing Date: 24-08-2020
    
    Date: 24-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR HEARING
    Next Hearing Date: 13-10-2020
    
    Date: 13-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR HEARING
    Next Hearing Date: 10-12-2020
    
    Date: 10-12-2020
    Business: Adv for complt pt. Adv for accud ab.
    for steps.
    Next Purpose: FOR HEARING
    Next Hearing Date: 09-02-2021
    
    Date: 09-02-2021
    Business: Court is Vacant. Board discharged.
    Next Purpose: FOR HEARING
    Next Hearing Date: 27-04-2021
    
    Date: 27-04-2021
    Business: Court is vacant. Charge is with the Hon''ble Metropolitan Magistrate, Railway Mobile Court, Andheri, Mumbai. As per Office Circular bearing No. CMM/OC/11/2021, office of the Hon''ble C. M. M., Esplanade, Mumbai dated 22/04/2021 board is discharged.
    Next Purpose: FOR HEARING
    Next Hearing Date: 03-06-2021
    
    Date: 03-06-2021
    Business: Court is vacant. Charge is with the Honourable Metropolitan Magistrate, 65th Court, Andheri, Mumbai. Board is discharged.
    Next Purpose: FOR HEARING
    Next Hearing Date: 23-07-2021
    
    Date: 23-07-2021
    Business: Both parties absent
    Next Purpose: FOR HEARING
    Next Hearing Date: 23-09-2021
    
    Date: 23-09-2021
    Business: Complainant and Ld. Adv. for complainant absent. Exh. - 14 - Accused absent and exempted. Ld. Adv. for accused present. Order passed below Exh. - 01 that, complainant to remain present and to take steps to proceed with the matter else case will be dismissed on next date. Lateron complainant and her advocate remained present. Exh. - 15 - Index to the affidavit of evidence of Shreemati Leelaben Champalal Jain. Exh. - 16 - Affidavit of Evidence of Shreemati Leelaben Champalal Jain, 73 Years, Res. At - Andheri (East), Mumbai.
    Next Purpose: PART HEARD
    Next Hearing Date: 09-11-2021
    
    Date: 09-11-2021
    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
    Next Hearing Date: 02-12-2021
    
    Date: 02-12-2021
    Business: Complainant present with advocate. Accused present with advocate. Exh. - 17 - Reply filed by accused. Further Examination-in-chief of Mrs. Leelaben Jain by Adv. S. A. Chavan for complainant. Cross-examination by advocate Sohail Kazi 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: 03-01-2022
    
    Date: 03-01-2022
    Business: Complainant and his Adv. present.
    Accused absent his Adv. present.
    On S. A. cross-examination of complainant by Adv. for accused.
    On Oral request of Adv. for complainant and Complainant herself, cross-examination is deferred till next date.
    Exh. No. 27 - An application by Adv. for accused for exemption. O - Granted for today only.  Matter is fixed on 03-02-2022, in 2nd session.
    Next Purpose: PART  HEARD AT  2.45P.M.
    Next Hearing Date: 03-02-2022
    
    Date: 03-02-2022
    Business: Complainant and his Adv. present.
    Accused and his Adv. present.
    On S. A. cross-examination of complainant by Adv. for accused.
    Cross-examination is over.
    No re-examination.
    Next Purpose: PART  HEARD AT  2.45P.M.
    Next Hearing Date: 16-03-2022
    
    Date: 16-03-2022
    Business: Complainant absent. Adv. for complainant present.
    Accused and his Adv. present.
    Exh. No. 28 - An application by Adv. for complainant for adjournment. O - Adj. Granted as a last chance.
    Next Purpose: PART  HEARD AT  2.45P.M.
    Next Hearing Date: 11-04-2022
    
    Date: 11-04-2022
    Business: Complainant absent. Ld. Adv. for complainant present. Accused Absent. Ld. Adv. for accused present. Exh - 29 - App for exemption of accused. O - Granted as last chance. Exh - 30 - App to recall the complainant. O - Other side to say.
    Next Purpose: PART  HEARD AT  2.45P.M.
    Next Hearing Date: 21-04-2022
    
    Date: 21-04-2022
    Business: Complainant absent. Ld. Adv. for complainant present. Accused absent.  Ld. Adv. for accused present.
    Next Purpose: PART  HEARD AT  2.45P.M.
    Next Hearing Date: 16-06-2022
    
    Date: 16-06-2022
    Business: Complainant and his Adv. present.
    Adv. for accused present.
    for further evidence.
    Next Purpose: PART  HEARD AT  2.45P.M.
    Next Hearing Date: 05-07-2022
    
    Date: 05-07-2022
    Business: Complainant present.  Ld. Adv. For Complainant present. Accused and Ld. Adv. for accused absent.
    Exh - 32 - Additional affidavit of evidence on behalf of complainant.
    Next Purpose: PART  HEARD AT  2.45P.M.
    Next Hearing Date: 26-07-2022
    
    Date: 26-07-2022
    Business: Complainant Present. Ld. Adv. for complainant present.  Accused absent Ld. Adv. for accused Present.
    Exh - 33 - App for adjournment and exemption O - Other side to say.
    O - Adjournment granted as a last chance.
    Exh - 34 - App for closing cross of the complainant and to keep matter for 313 statement. O - Other side to say.
    Next Purpose: PART  HEARD AT  2.45P.M.
    Next Hearing Date: 10-08-2022
    
    Date: 10-08-2022
    Business: Complainant and his Adv. present.
    Adv. for accused present.
    On S. A. further examination in chief of Leelaben Jain by Adv. S. A. Chavhan for the complainant.
    Ld. Adv. Sohel Kazi for accused has denied all the documents.
    Exh. No. 35 - Verified copy of passbook.
    Exh. No. 36 to 46 - Cheque depositing slips.
    Cross-examination by Adv. Sohel Kazi for accused.
    Cross-examination is over.
    No re-examination.
    Order passed below Exh. No. 34. O - Today accused completed the cross. Hence, rejected.
    For further evidence.
    Next Purpose: PART  HEARD AT  2.45P.M.
    Next Hearing Date: 19-09-2022
    
    Date: 19-09-2022
    Business: Complainant absent. Ld Adv. for Complainant Present.
    Accused absent. Ld Adv. for accused present.
    Exh - 47 - App to issue witness summons to bharat Co-op bank LTD. O - Other side to say. O - Issue summons to bank witness as prayed on payment of witness bhatta.
    Exh - 48 - App for exemption on behalf of accused. O - Granted.
    Next Purpose: PART  HEARD AT  2.45P.M.
    Next Hearing Date: 12-10-2022
    
    Date: 12-10-2022
    Business: Complainant Present. Ld Adv. for complainant present.
    Accused absent. Ld Adv. for accused present.
    Exh - 49 - App for briging on record the original document .
    Exh - 50 -
    Deposition of witness No-2 on behalf of complainant.
    On S.A.Examination-in-chief by Advocate Smita Chavan for the complainant
    Cross-examination by Adv. Sohel Kazi for accused.
    ( On Oral request of advocate for accused, matter is adjourned for cross-examination on next date.)
    Exh - 57 - App for issue Witness summons. O - Issue summons to witness as prayed.
    Next Purpose: PART  HEARD AT  2.45P.M.
    Next Hearing Date: 19-11-2022
    
    Date: 19-11-2022
    Business: Complainant Present. Ld Adv. for complainant present.
    Accused Present. Ld Adv. for accused present.
    Exh - 57 - App for list of document which are bough by bank witness.
    Exh.No 50 contd.
    ( On oral request of accused, permission is granted to record further examination-in-chief of witness Satish Chandrahas Suvarna )
    On S.A.further Examination-in-Chief of Satish Suvarna by Advcate Smita Chavhan for the complainant.
    Cross-examination by Adv. Sohel Kaxi for accused.
    ( On oral request of advocate for accused, cross-examination is deferred till next ) date
    Next Purpose: PART  HEARD AT  2.45P.M.
    Next Hearing Date: 13-12-2022
    
    Date: 13-12-2022
    Business: Complainant absent. Ld Adv. for complainant absent.
    Accused absent. Ld Adv. for accused present.
    Next Purpose: PART  HEARD AT  2.45P.M.
    Next Hearing Date: 03-02-2023
    
    Date: 03-02-2023
    Business: Complainant Present. Ld Adv. for complainant present.
    Accused absent. Ld Adv. for accused present.
    Exh.No.50 contd. Page No.04.
    On S.A.further cross-examination of Satish Suvarna by Adv. Mrs. Faizeen Shaha holding for Adv.Sohel Kazi for accused.
    Cross-examination is over.
    No Re-examination.
    Next Purpose: PART  HEARD AT  2.45P.M.
    Next Hearing Date: 03-03-2023
    
    Date: 03-03-2023
    Business: Complainant Present. Ld Adv. for complainant absent.
    Accused absent. Ld Adv. for accused present.
    Exh.No. 50 contd Page No. 04
    On S.A. further cross-examination of Satish Suvarna by Advocate Mrs. Faizeen Shaha holding for Adv Sohel Kazi for accused.
    Cross-examination is over
    No Re-examination.
    Next Purpose: PART  HEARD AT  2.45P.M.
    Next Hearing Date: 11-04-2023
    
    Date: 11-04-2023
    Business: Complainant absent. Ld Adv. for complainant present.
    Accused absent. Ld Adv. for accused present.
    Exh - 60 - App for closing evidence purses. O - Seen.
    Exh - 61 - App for exemption on behalf of accused. O - Granted.
    Next Purpose: FOR STATEMENT U/sec 313
    Next Hearing Date: 27-04-2023
    
    Date: 27-04-2023
    Business: Complainant absent. Ld Adv. for complainant present.
    Accused absent. Ld Adv. for accused absent.
    Exh - 62 - App for issue NBW against the accused. O - issue NBW  against the accused.
    Later on Accused Present. Ld Adv. for accused present.
    Exh - 63 - Statement of Accused Harish Gopal Bangera u/sec 313 of Cr.P.C. recorded.
    Exh - 64 - App for cancellation of warrant.
    O - NBW against accused stand cancelled on admonition.
    Next Purpose: FOR ARGUMENTS
    Next Hearing Date: 06-06-2023
    
    Date: 06-06-2023
    Business: Complainant absent. Ld Adv. for complainant present.
    Accused absent. Ld Adv. for accused present.
    Exh - 67 - Application for allowing accused to lead their evidence.
    O - Other side to say.
    Next Purpose: FOR ARGUMENTS
    Next Hearing Date: 05-07-2023
    
    Date: 05-07-2023
    Business: Complainant absent. Ld Adv. for complainant present.
    Accused Present. Ld Adv. for accused present.
    Exh. No. 66 contd. Page No. 03.
    On S.A. cross-examination of Harish Bangera by Adv. Smt. Smita Chavhan for complainant.
    ( On oral request of advocate of advocate for accused, cross-examination is deferred till next date.)
    Next Purpose: PART HEARD
    Next Hearing Date: 07-08-2023
    
    Date: 07-08-2023
    Business: Complainant absent. Ld Adv. for complainant present.
    Accused absent. Ld Adv. for accused present.
    Exh - 68 - App for exemption on behalf of accused. O - Granted.
    Next Purpose: PART HEARD
    Next Hearing Date: 01-09-2023
    
    Date: 01-09-2023
    Business: Complainant Present. Ld Adv. for complainant present.
    Accused absent. Ld Adv. for accused present.
    Exh - 69 - App for exemption on behalf of accused. O - Granted.
    Exh - 70 - App for adjournment on behalf of accused. o - Adjournment granted as a last chance.
    Next Purpose: PART HEARD
    Next Hearing Date: 30-09-2023
    
    Date: 30-09-2023
    Business: Complainant absent. Ld Adv. for complainant absent.
    Accused Present. Ld Adv. for accused present.
    Next Purpose: PART HEARD
    Next Hearing Date: 17-10-2023
    
    Date: 17-10-2023
    Business: Complainant absent. Ld Adv. for complainant present.
    Accused Present. Ld Adv. for accused present.
    Exh - 71 - App for issue of summons to witness. O - Issue summons to witness as prayed.
    Exh. No. 66 contd. Page No. 05.
    On S.A. further Cross-examination of Harish Bangera by Advocate Mrs. Smita Chavhan for complainant.
    Cross-examination is over.
    No re-examination.
    Next Purpose: PART HEARD
    Next Hearing Date: 09-11-2023
    
    Date: 09-11-2023
    Business: Ld. Metropolitan Magistrate, 48th Court, Andheri, Mumbai is on leave charge is with Ld. Metropolitan Magistrate, 44th Court, Andheri, Mumbai
    Next Purpose: PART HEARD
    Next Hearing Date: 14-12-2023
    
    Date: 14-12-2023
    Business: Complainant absent. Ld Adv. for complainant present.
    Accused absent. Ld Adv. for accused present.
    Exh - 72 - Closing evidence purses.
    O - Seen.
    Exh - 73 - App for exemption on behalf of accused. O - Granted.
    Next Purpose: FOR STATEMENT U/sec 313
    Next Hearing Date: 11-01-2024
    
    Date: 11-01-2024
    Business: Complainant absent. Ld Adv. for complainant present.
    Accused absent. Ld Adv. for accused present.
    Exh - 74 - App for exemption on behalf of accused. O - Granted.
    Next Purpose: FOR ARGUMENTS
    Next Hearing Date: 20-02-2024
    
    Date: 20-02-2024
    Business: Complainant Present. Ld Adv. for complainant present.
    Accused Present. Ld Adv. for accused present.
    Exh - 75 - App for bringing original consent terms on record. O - Allowed.
    Exh - 76 - Consent terms. O - Seen.
    Next Purpose: FOR ARGUMENTS
    Next Hearing Date: 15-03-2024
    
    Date: 15-03-2024
    Business: Complainant absent. Ld Adv. for complainant present.
    Accused absent. Ld Adv. for accused present.
    Next Purpose: FOR ARGUMENTS
    Next Hearing Date: 15-04-2024
    
    Date: 15-04-2024
    Business: Both Parties absent. Case is adjourned next date
    Next Purpose: FOR ARGUMENTS
    Next Hearing Date: 30-04-2024
    
    Date: 30-04-2024
    Business: Complainant absent. Ld Adv. for complainant present.
    Accused absent. Ld Adv. for accused present.
    Next Purpose: FOR ARGUMENTS
    Next Hearing Date: 15-05-2024
    
    Date: 15-05-2024
    Business: Metropolitan Magistrate is on Concession leave, charge with Ld. Metropolitan Magistrate, 10th Court, Andheri, Mumbai. Case is adjourned next date
    Next Purpose: FOR ARGUMENTS
    Next Hearing Date: 21-06-2024
    
    Date: 21-06-2024
    Business: Complainant Present. Ld Adv for complainant Present.
    Accused absent. Ld Adv for accused Present.
    Exh - 77 - App for exemption on behalf of accused. O - Granted
    Next Purpose: FOR ARGUMENTS
    Next Hearing Date: 12-07-2024
    
    Date: 12-07-2024
    Business: Complainant Present. Ld Adv. for complainant present. Accused Present. Ld Adv. for accused present.
    Exh - 78 - App for taken today on board.
    O - Allowed
    Exh - 79 - App for  withdrawal of complaint.
    O - Seen and verified IP Proof contents. passed detail order on separate page. Order Below Exh- 79 By way of this application, complainant has submitted that matter is settled between complainant and accused and therefore complainant intends to withdraw this compliant. Contents of application are verified form the complainant/ authorized representative of complainant. He admitted contents of application a true and correct. Hence, permission granted to withdraw the complaint and accordingly I proceed to pass necessary order below Exh-01. Exh-79 contending that matter is settled between the parties. Hence, the complainant does not want to proceed with the matter.
    Order Below Exh-1 This matter is fixed for final argument. Today the complainant has filed application at Exh-79 contending that matter is settled between the parties. Hence, the complainant does not want to proceed with the matter. In view of withdrawal application complainant is permitted to withdraw the case. Hence, following order. Order Case stands withdrawn u/sec 257 of the code of criminal procedure, 1973. The accused is acquitted. Bail bonds of accused stands cancelled. Court fees be refunded as per rule. The case is finally disposed off
    Nature Of Disposal: WITHDRAWN DURING OR AFTER EVIDENCE
    Disposal Date: 12-07-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 10930/2018
    Filing Date: 31-08-2018
    First Hearing Date: 26th September 2018
    Decision Date: 12th July 2024
    Court Number And Judge: 48-Judicial Magistrate (First Class), 48th Court

    Orders

    1
    Final Order 1
    12 Jul 2024
    Order Details: Copy  of Judgment
    Pdf Text: C. C. No. 3510/SS/2018
    CNR No. :MHMM19-009364-2018
    Shreemati. Leelaben Champalal Jain.
    V/s.
    Mr. Harish Gopal Bangera.
    ORDER BELOW EXHIBIT NO.1
    This matter is fixed for final argument. Today the complainant
    has filed application at Exh. 79 contending that matter is settled
    between the parties. Hence, the complainant does not want to proceed
    with the matter.
    In view of withdrawal application (Exh. No. 79),
    complainant is permitted to withdraw the case. Hence, following
    order:-
    O R D E R
    1) Case stands withdrawn u/s 257 of the Code of Criminal
    Procedure, 1973.
    2) Accused is acquitted. Bail bonds of accused stands canceled.
    3) Court fees be refunded as per rule. The original documents
    filed by the concerned party be returned to it.
    4) The case is finally disposed of.
    Sd/-
    Judicial Magistrate First Class
    Date: 12/07/2024. I/C. 48Th Court, Andheri, Mumbai.
    -- 1 of 1 --

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