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Summons Private cases SS

ANIL C. MISTRYVsHARESH SURESH VASWANI

CNR MHMM19009377201848-Judicial Magistrate (First Class), 48th Court
CASE DISPOSED
Contested--CONVICTED
Decision Date: 28th August 2026

TrustJury record updated 25 Sept 2026

Case Overview

Registration Number
3211/2018
Registration Date
14 Aug 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    NEGOTIABLE INSTRUMENTS ACT · Sec 138

    Case History / Proceedings

    Case History
    Date: 17-10-2018
    Business: Adv. for compt. pt. Ex. 5-Court fees paid. Ex.6-Verification . Documents verified. Order passed below Ex.1-Process issued.
    Next Purpose: NOT HEARD AT 2.45 P.M.
    Next Hearing Date: 20-03-2019
    
    Date: 20-03-2019
    Business: Adv. for compt. pt. Summons not collected. for report.
    Next Purpose: NOT HEARD AT 2.45 P.M.
    Next Hearing Date: 23-09-2019
    
    Date: 23-09-2019
    Business: Adv.f or compt. ab. for report.
    Next Purpose: NOT HEARD AT 2.45 P.M.
    Next Hearing Date: 12-03-2020
    
    Date: 12-03-2020
    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: 16-06-2020
    
    Date: 16-06-2020
    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: NOT HEARD AT 2.45 P.M.
    Next Hearing Date: 19-09-2020
    
    Date: 19-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NOT HEARD AT 2.45 P.M.
    Next Hearing Date: 08-01-2021
    
    Date: 08-01-2021
    Business: Ld. M.M. is on leave. Board discharged.
    Next Purpose: NOT HEARD AT 2.45 P.M.
    Next Hearing Date: 01-04-2021
    
    Date: 01-04-2021
    Business: Court is vacant. Board discharged Charge with 63rd Court, Andheri, Mumbai.
    Next Purpose: NOT HEARD AT 2.45 P.M.
    Next Hearing Date: 19-07-2021
    
    Date: 19-07-2021
    Business: Both parties absent.
    Next Purpose: NOT HEARD AT 2.45 P.M.
    Next Hearing Date: 06-10-2021
    
    Date: 06-10-2021
    Business: Complainant absent. Ld. Adv. for the complainant present. Accused and Ld. Adv. for accused absent. Exh. - 07 - Authority letter filed by Ld. Adv. for complainant. Exh. - 08 - An application by the Ld. Adv. for the complainant for issuance of BWT against accused, in view of the same it is directed to issue BWT of Rs. 10000/- against accused. For steps.
    Next Purpose: NOT HEARD AT 2.45 P.M.
    Next Hearing Date: 06-12-2021
    
    Date: 06-12-2021
    Business: Adv. for complainant present.
    Exh. No. 9 - An application for issue of NBW against the accused. O - Issue NBW against the accused.
    For report and steps.
    Next Purpose: NOT HEARD AT 2.45 P.M.
    Next Hearing Date: 28-02-2022
    
    Date: 28-02-2022
    Business: Complainant absent. Ld. Adv. for the complainant present. Accused and Ld. Adv. for accused absent. Exh. - 10 - An application by the Ld. Adv. for the complainant for issuance of proclamation against accused, in view of the same it is directed to issue proclamation under section 82 of Cr.P.C. and through news paper. For steps.
    Next Purpose: NOT HEARD AT 2.45 P.M.
    Next Hearing Date: 04-05-2022
    
    Date: 04-05-2022
    Business: Exh - 8 - Vakalatnama. O- Seen. Exh. No. 9 - An application by Adv. for accused for bail of accused . O - Accused is released on bail on executing PR and cash security of Rs. 5,000/-. Exh. - 10 - PR Bond and Cash bond of accused . Exh - 11 - Plea of accused .
    Next Purpose: FOR HEARING
    Next Hearing Date: 10-06-2022
    
    Date: 10-06-2022
    Business: Complainant absent. Ld. Adv. for complainant present.
    Accused absent. Ld. Adv. for accused present.
    Exh - 12- App for exemption on behalf of accused. O - Granted.
    Next Purpose: FOR HEARING
    Next Hearing Date: 07-07-2022
    
    Date: 07-07-2022
    Business: Ld. Metropolitan Magistrate, 48th Court, Andheri, Mumbai is on leave charge is with Ld. Metropolitan Magistrate, 63rd Court, Andheri, Mumbai. Board Discharged.
    Next Purpose: FOR HEARING
    Next Hearing Date: 08-08-2022
    
    Date: 08-08-2022
    Business: Accused absent  Ld. Adv. for accused Present Complainant is his Adv are absent. Case is Old one. matter is pending for filing evidence. Complainant has failed to lead evidence. Hence, Case is fixed for dismissal order on next date.
    Exh - 13 - App for exemption of accused.
    O - Granted.
    Next Purpose: For order
    Next Hearing Date: 22-08-2022
    
    Date: 22-08-2022
    Business: Complainant present.  Ld. Adv. for complainant present.   Accused absent Ld. Adv. for accused Present.
    Exh - 16-  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 -17 - List of document. O- Call say of accused about admissibility of document.
    Exh - 18 - App for exemption on behalf of accused. O - Granted.
    Next Purpose: PART HEARD
    Next Hearing Date: 27-09-2022
    
    Date: 27-09-2022
    Business: Complainant Present. Ld Adv. for complainant present.
    Accused absent. Ld Adv. for accused present.
    Exh - 27- App for exemption on behalf of accused. O - Granted.
    Next Purpose: PART HEARD
    Next Hearing Date: 19-10-2022
    
    Date: 19-10-2022
    Business: Complainant absent. Ld Adv. for complainant absent.
    Accused absent. Ld Adv. for accused present.
    Exh - 20 - App for exemption on behalf of accused. O - Granted.
    Order below Exh - 19 - Heard both side and gone though record considering reasons stand permission granted to amend the complainant as Prayed and net in affidavit as evidence, cannot be amended.
    Next Purpose: PART HEARD
    Next Hearing Date: 07-12-2022
    
    Date: 07-12-2022
    Business: Complainant Present. Ld Adv. for complainant present.
    Accused absent. Ld Adv. for accused present.
    Exh - 21 - App for exemption on behalf of accused. O - Granted.
    Amendment carried out of complainant.
    For Exhibit the document
    Next Purpose: PART HEARD
    Next Hearing Date: 20-01-2023
    
    Date: 20-01-2023
    
    Date: 16-02-2023
    Business: Complainant Present. Ld Adv. for complainant present.
    Accused Present. Ld Adv. for accused present.
    Exh - 22 - App for exemption on behalf of accused. O - Granted.
    Next Purpose: PART HEARD
    Next Hearing Date: 21-03-2023
    
    Date: 21-03-2023
    Business: Complainant absent. Ld Adv. for complainant absent.
    Accused absent. Ld Adv. for accused present.
    Exh - 23 - App for exemption on behalf of accused. O - Granted.
    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: 20-07-2023
    
    Date: 20-07-2023
    Business: Complainant absent. Ld Adv. for complainant absent.
    Accused absent. Ld Adv. for accused present.
    Exh - 24 - App for exemption on behalf of accused. O - Granted.
    Next Purpose: PART HEARD
    Next Hearing Date: 15-09-2023
    
    Date: 15-09-2023
    Business: Ld. Metropolitan Magistrate is on leave during 1st session. Charge with Ld. Metropolitan Magistrate 44th Court, Andheri, Mumbai.
    Next Purpose: PART HEARD
    Next Hearing Date: 07-11-2023
    
    Date: 07-11-2023
    Business: Complainant Present. Ld Adv. for complainant present.
    Accused absent. Ld Adv. for accused present.
    Exh - 25 - App for exemption on behalf of accused. O - Granted.
    Next Purpose: PART HEARD
    Next Hearing Date: 20-12-2023
    
    Date: 20-12-2023
    Business: Complainant Present. Ld Adv. for complainant present.
    Accused absent. Ld Adv. for accused present.
    Exh - 26 - App for exemption on behalf of accused. O - Granted.
    Exh.No. 16 contd. Page No. 10
    On S.A. further examination-in-chief of Mr. Anil Mestry by Advocate Mr. Prashant Rai holding for prajot Jaggi for the complainant.
    I have filed my affidavit of examination-in-chief which bears my signature, contents are true and correct, it is at Exh-16.
    I have filed documents along with list at Exh- 17
    Ld. Advocate Shri Ramlal Kushawah for accused has denied all the documents and raised objection to give exhibit numbers.
    Exh. 27 and Exh. 27 A - Original Agreement and affidavit cum Indemnity Bond
    Article A - Copy of Bank Statement
    Exh - 28 - Original Cheque
    Exh - 29 - Cheque Returned Memo
    Exh - 30 - Office Copy of demand notice
    Article B - Print out of Demand notice.
    Exh - 31 - Return envelop of Demand notice.
    Cross-examination by Adv. Shri Ramal Kushawah for accused.
    ( On oral request of advocate for accused,
    matter is adjourned for cross-examination till next date.
    Next Purpose: PART HEARD
    Next Hearing Date: 29-01-2024
    
    Date: 29-01-2024
    Business: Complainant Present. Ld Adv. for complainant present.
    Accused absent. Ld Adv. for accused absent.
    Exh. No. 16 contd. Page No. 11
    On S.A. Cross-examination of Mr. Anil Mestry by Advocate for accused.
    Accused and his advocate are absent when called.  Hence, matter to proceed without cross-examination.
    No cross-examination.
    Exh - 32 - App for issue NBW against the accused. O - issue NBW  against the accused.
    Next Purpose: PART HEARD
    Next Hearing Date: 19-04-2024
    
    Date: 19-04-2024
    Business: Complainant Present. Ld Adv. for complainant present.
    Accused absent. Ld Adv. for accused present.
    Exh - 33 - App for set aside order and recalling the witness of 311 of Cr.P.C.
    O - Other side to say.
    Exh - 34 - App for cancellation of warrant.
    O - NBW against accused stand cancelled subject to penalty of Rs.3000/-
    Next Purpose: PART HEARD
    Next Hearing Date: 28-06-2024
    
    Date: 28-06-2024
    Business: Complainant Present. Ld Adv for complainant Present.
    Accused absent. Ld Adv for accused Present.
    Next Purpose: PART HEARD
    Next Hearing Date: 09-09-2024
    
    Date: 09-09-2024
    Business: Complainant absent. Ld Adv for complainant Present.
    Accused absent. Ld Adv for accused Present.
    Exh - 37 - App for exemption on behalf of accused. O - Granted
    Next Purpose: PART HEARD
    Next Hearing Date: 24-09-2024
    
    Date: 24-09-2024
    Business: Complainant absent. Ld Adv for complainant Present.
    Accused absent. Ld Adv for accused Present.
    Exh - 38 - App for exemption on behalf of accused. O - Granted
    Next Purpose: PART HEARD
    Next Hearing Date: 27-11-2024
    
    Date: 27-11-2024
    Business: Complainant Present. Ld Adv for complainant Present.
    Accused absent. Ld Adv for accused Present.
    Exh - 39 - App for exemption on behalf of accused. O - Granted
    Next Purpose: PART HEARD
    Next Hearing Date: 07-01-2025
    
    Date: 07-01-2025
    Business: Complainant Present. Ld Adv for complainant Present.
    Accused absent. Ld Adv for accused Present
    Exh - 40 - App for Exemption on behalf of accused O - Granted.
    Exh. No. 16 contd. Page No. 12
    On S.A. Cross-examination of Mr. Anil Chandravadan Mistri by Advocate Mr. Ramlal Kushwah for accused.
    Cross-examination is over.
    No Re-examination.
    Exh - 41 - Closing evidence purses.
    O - Seen and filed.
    Next Purpose: FOR STATEMENT U/sec 313
    Next Hearing Date: 13-02-2025
    
    Date: 13-02-2025
    Business: Complainant Present. Ld Adv for complainant Present.
    Accused absent. Ld Adv for accused Present
    Exh - 42 -  Application for NBW against accused. O - Other side to say.
    Exh - 43 - App for Exemption on behalf of accused O - Other side to say
    Next Purpose: FOR STATEMENT U/sec 313
    Next Hearing Date: 02-04-2025
    
    Date: 02-04-2025
    Business: Complainant absent. Ld Adv for complainant Present.
    Accused absent. Ld Adv for accused Present
    Exh - 44 - App for Exemption on behalf of accused O - Granted as last chance with direction to remain present for recording statement u/sec 313  of Cr.P.C.
    Next Purpose: FOR STATEMENT U/sec 313
    Next Hearing Date: 09-06-2025
    
    Date: 09-06-2025
    Business: Complainant absent. Ld Adv for complainant Present.
    Accused absent. Ld Adv for accused Present
    Exh - 45 - App for Exemption on behalf of accused O - Other side to say.
    Exh - 46 - Application for NBW against accused. O - Reissue NBW against accused. Case adjourned for next date.
    Next Purpose: FOR STATEMENT U/sec 313
    Next Hearing Date: 05-08-2025
    
    Date: 05-08-2025
    Business: Judicial Magistrate (First Class) 48th court, is on leave charge with Judicial Magistrate (first Class) 44th Court, Andheri , Mumbai.
    Next Purpose: FOR STATEMENT U/sec 313
    Next Hearing Date: 03-09-2025
    
    Date: 03-09-2025
    Business: Complainant absent and his Adv. Present. Case adjourned for next date.
    Next Purpose: FOR STATEMENT U/sec 313
    Next Hearing Date: 03-11-2025
    
    Date: 03-11-2025
    Business: Complainant absent. Ld Adv for complainant Present.
    Accused absent. Ld Adv for accused Present
    Next Purpose: FOR STATEMENT U/sec 313
    Next Hearing Date: 19-12-2025
    
    Date: 19-12-2025
    Business: Complainant absent and his adv. present.
    Next Purpose: FOR STATEMENT U/sec 313
    Next Hearing Date: 21-01-2026
    
    Date: 21-01-2026
    Business: Complainant absent. Ld Adv for complainant Present.
    Exh - 48 - App for issue proclamation against the accused.
    O - Perused application of record it seems that many time NBW were issued but accused not though Issue proclamation u/sec 82 of Cr.P.C. and in local news paper allowed.
    Next Purpose: FOR STATEMENT U/sec 313
    Next Hearing Date: 17-03-2026
    
    Date: 17-03-2026
    Business: Complainant absent. Ld Adv for complainant Present.
    Exh - 49 - App for Dispensing with statement of accused u/sec 313 of Cr.P.C.
    Order Below Exh - 49
    Application is allowed.
    Statement of accused u/sec 313(1)(b) of Cr.P.C. is dispensed with and case is fixed for final argument
    Next Purpose: FOR ARGUMENTS
    Next Hearing Date: 30-04-2026
    
    Date: 30-04-2026
    Business: Judicial Magistrate (First Class) 48th court, is on leave charge with Judicial Magistrate (first Class) 65th Court, Andheri , Mumbai.
    Next Purpose: FOR ARGUMENTS
    Next Hearing Date: 17-06-2026
    
    Date: 17-06-2026
    Business: Complainant absent. Ld Adv for complainant Present.
    Next Purpose: FOR ARGUMENTS
    Next Hearing Date: 08-07-2026
    
    Date: 08-07-2026
    Business: Adv for complainant present. Adv. for accused present.
    Next Purpose: FOR ARGUMENTS
    Next Hearing Date: 22-07-2026
    
    Date: 22-07-2026
    Business: Complainant absent. Ld Adv for complainant Present.
    Accused absent. Ld Adv for accused Present
    Exh - 50 - Written argument on behalf of accused. O - Seen and filed.
    Next Purpose: FOR ARGUMENTS
    Next Hearing Date: 28-08-2026
    
    Date: 28-08-2026
    Business: Complainant absent. Ld. Adv. for complainant present. Accused absent. Ld. Adv. for accused present. Judgment Pronounced. Accused Mr. Haresh Suresh Vaswani, 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 six months. 2. Accused is directed to pay compensation Rs. 15,05,000/- (Rs. Fifteen Lacs Five Thousand Only) to the complainant within three months from today, in default to suffer Simple Imprisonment for two months. 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: 28-08-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 10016/2018
    Filing Date: 14-08-2018
    First Hearing Date: 17th October 2018
    Decision Date: 28th August 2026
    Court Number And Judge: 48-Judicial Magistrate (First Class), 48th Court

    Orders

    1
    Final Order 1Full order available
    28 Aug 2026

    Order Details: Copy of Judgment Pdf Text: 1 C. C. NO. 3211/SS/2018 CNR No. : MHMM19-009377-2018 Received On : 14/08/2018 Registered On : 14/08/2018 Decided On : 28/08/2026 Duration :Y-08, M-00, D-14 IN THE COURT OF JUDICIAL MAGISTRATE (FIRST CLASS), ANDHERI (Court No. 48), MUMBAI. ( Presided over by Y. P. Pujari ) C.C. No. 3211/SS/2018 Exh. 53 Mr. Anil C. Mistry in his capacity of a Karta of Mr. Anil Chandravadan Mistry (HUF) having residence situated at 1506/B, DLH…

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