Date: 27-11-2018
Business: Adv. for compt. pt. Ex.5-Court fee paid. Ex.6-Verification Ex.7- Pursis u/s.202 of Cr.P.C. Documents verified. Order passed below Ex.1-Process issued.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 10-06-2019
Date: 10-06-2019
Business: complainant absent his adv. present
accused absent his adv. present..
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 15-11-2019
Date: 15-11-2019
Business: Adv. for complainant present.
Application for permission for correction the name.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 05-02-2020
Date: 05-02-2020
Business: Adv for both sides pt.
Ex.18- Appln for adj - Short time granted as a last chance.
For cross.
Next Purpose: PART HEARD
Next Hearing Date: 06-03-2020
Date: 06-03-2020
Business: Adv for complt pt. Adv for accud ab.
Ex.19- Appln for adj - Short time granted subject to payment of cost of Rs. 1000/- to complt . - cost paid.
O.S to say.
Reply filed by complt.
For cross.
Next Purpose: PART HEARD
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: PART HEARD
Next Hearing Date: 22-06-2020
Date: 22-06-2020
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: PART HEARD
Next Hearing Date: 24-08-2020
Date: 24-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: PART HEARD
Next Hearing Date: 30-09-2020
Date: 30-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: PART HEARD
Next Hearing Date: 08-12-2020
Date: 08-12-2020
Business: Adv for both sides ab.
for steps.
Next Purpose: PART HEARD
Next Hearing Date: 15-01-2021
Date: 15-01-2021
Business: Court is vacant. Board discharged.
Next Purpose: PART HEARD
Next Hearing Date: 01-03-2021
Date: 01-03-2021
Business: Court is Vacant. Board discharged.
Next Purpose: PART HEARD
Next Hearing Date: 29-04-2021
Date: 29-04-2021
Business: Court is vacant. Charge is with the Honorable Metropolitan Magistrate, 66th Court, Andheri, Mumbai. As per Office Circular bearing No. CMM/OC/11/2021, office of the Honorable C. M. M., Esplanade, Mumbai dated 22/04/2021 board is discharged.
Next Purpose: PART HEARD
Next Hearing Date: 30-06-2021
Date: 30-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: PART HEARD
Next Hearing Date: 24-08-2021
Date: 24-08-2021
Business: Complainant absent. Ld. Adv. for complainant present. Accused and his advocate absent. Exh. - 20 - An application by the Ld. Adv. for the complainant for issuance of NBW against the accused and the same is granted. For further chief examination and cross examination.
Next Purpose: PART HEARD
Next Hearing Date: 30-09-2021
Date: 30-09-2021
Business: Complainant present. Ld. Adv. for complainant present. Exh. - 15 - Accused absent and exempted. Ld. Adv. for accused present. For evidence.
Next Purpose: PART HEARD
Next Hearing Date: 28-10-2021
Date: 28-10-2021
Business: Complainant absent. Advocate for complainant present.
Accused absent his advocate present.
Exh. No. 26 - An application for exemption. O - Granted for today.
Exh. No. 27 - An application for adjournment. O - Granted as last chance.
For exhibiting documents.
Next Purpose: PART HEARD
Next Hearing Date: 22-11-2021
Date: 22-11-2021
Business: Complainant and his Adv. present.
Accused absent his advocate present.
Exh. No. 28 - An application for taking the original copy of notice dt. 24/07/2018. O - Allowed to produce on record.
Exh. No. 29 - An application for exemption. O - Granted.
For further examination in chief.
Next Purpose: PART HEARD
Next Hearing Date: 20-12-2021
Date: 20-12-2021
Business: Complainant and his Adv. absent.
Accused absent. Adv. for accused present.
Order passed below Exh.No. 1
Complainant and his advocate are absent when called. Adv. For accused present. Case is for evidence of complainant. Complainant is hereby directed to remain present and proceed with the matter, else case will be dismissed on next date 11/01/2022.
Next Purpose: For order
Next Hearing Date: 11-01-2022
Date: 11-01-2022
Business: Ld. Metropolitan Magistrate is on leave. Board Discharged. Charge with Ld. Metropolitan Magistrate 63rd Court, Andheri, Mumbai.
Next Purpose: For order
Next Hearing Date: 04-02-2022
Date: 04-02-2022
Business: Complainant and his Adv. present.
Adv. for accused present.
On S. A. further examination in chief of complainant by Adv. for complainant.
Ld. Adv. for accused has denied all the documents.
Exh. No. 31 to 36 - Original 6 cheques.
Article A, Exh. No. 37 to 39, Article B and C respectively - 6 cheque returned memos.
Exh. No. 40 - Letter issued by accused to the complainant.
Exh. No. 41 - Copy of complaint given to Oshiwara Police Station.
Exh. No. 42 - Original disputed cheque.
Article D - Disputed cheque returned memo.
Exh. No. 43 - Office copy of notice.
Exh. No. 44 - Postal receipt.
Article E - Track report.
Cross-examination by Adv. for accused.
On oral request of Adv. for accused, matter is adjourned for cross-examination till next date.
Matter is fixed on 03-03-2022, in 2nd session.
Exh. No.
Next Purpose: PART HEARD AT 2.45P.M.
Next Hearing Date: 03-03-2022
Date: 03-03-2022
Business: Complainant present with advocate. Exh. - 45 - Accused absent and exempted. Ld. Adv. for accused present Cross Examination of Priti Mishra on Exh. - 16 by Ld. Adv. Bhagwan Mishra for the accused on S. A. Further cross examination is deferred till next date.
Next Purpose: PART HEARD AT 2.45P.M.
Next Hearing Date: 29-03-2022
Date: 29-03-2022
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: 22-04-2022
Date: 22-04-2022
Business: Accused absent. Ld. Adv. for accused present. Exh - 48- App for exemption of accused. O - Granted for prayed.
Exh - 49 - App for Adjournment of accused. O - Adjournment granted as last chance.
Next Purpose: PART HEARD AT 2.45P.M.
Next Hearing Date: 14-06-2022
Date: 14-06-2022
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: PART HEARD AT 2.45P.M.
Next Hearing Date: 21-07-2022
Date: 21-07-2022
Business: Complainant present. Ld. Adv. for complainant present. Accused and Ld. Adv. for accused Present
Exh. No.16 contd. Page No-12.
On S.A.further cross-examination of Mrs. Priti Mishra by Adv. Bhagwan mishra for accused.
cross-examination is over.
No Re-examination.
Next Purpose: PART HEARD AT 2.45P.M.
Next Hearing Date: 20-08-2022
Date: 20-08-2022
Business: Complainant absent. Ld. Adv. for complainant present. Accused absent Ld. Adv. for accused Present.
On request of both parties case is adjourned on next date
Next Purpose: PART HEARD AT 2.45P.M.
Next Hearing Date: 21-09-2022
Date: 21-09-2022
Business: Complainant Present. Ld Adv. for Complainant Present.
Accused Present. Ld Adv. for accused present.
Exh - 50 - Vakalatanama on behalf of accused. O - Seen.
Exh - 51 - App for adjournment.
O - Adjournment granted as a last chance.
Next Purpose: PART HEARD AT 2.45P.M.
Next Hearing Date: 04-10-2022
Date: 04-10-2022
Business: Complainant Present. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused absent.
Exh - 52 - Examination-in-chief of Mr. Padamlal Vrindavan Tiwari by way of Affidavit-in-evidence as provided u/sec 145(1) NI Act. O - Read and Record.
Exh - 5 - Examination-in-chief of Mr. Amit Manbodhan Mishra by way of Affidavit-in-evidence as provided u/sec 145(1) NI Act. O - Read and Record.
Exh - 54 - App for NBW against the accused. O - Issue NBW against the accused.
Later on Accused Present. Ld Adv. for accused present.
Exh - 55 - NBW against accused stand cancelled on admonition.
Next Purpose: PART HEARD AT 2.45P.M.
Next Hearing Date: 09-11-2022
Date: 09-11-2022
Business: Complainant absent. Ld. Adv. for complainant present. Exh. - 56 - Accused absent and exempted. Ld. Adv. for accused present. Exh. - 57 - Adjournment application of Ld. Adv. for accused is granted as last chance. Witness absent. For further evidence.
Next Purpose: PART HEARD AT 2.45P.M.
Next Hearing Date: 13-12-2022
Date: 13-12-2022
Business: Complainant Present. Ld Adv. for complainant present.
Accused Present. Ld Adv. for accused present.
Exh - 58 - App for adjournment.
O - Other Side to say.
O - Already sufficient time granted. no proper reasons for adjournment till adjournment granted as a last chance.
Next Purpose: PART HEARD AT 2.45P.M.
Next Hearing Date: 21-01-2023
Date: 21-01-2023
Business: Complainant Present. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused present.
Exh - 59 - App for exemption of accused.
O - Granted.
Next Purpose: PART HEARD AT 2.45P.M.
Next Hearing Date: 20-02-2023
Date: 20-02-2023
Business: Complainant Present. Ld Adv. for complainant absent.
Accused absent. Ld Adv. for accused absent.
Exh.No. 53 contd.Page No.07.
On S.A. cross-examination of Amit Manbodhan Mishra ( C.W.2) by Advocate for accused.
Accused and his advocate are absent when called. Hence matter to proceed without cross-examination.
No cross-examination.
Next Purpose: PART HEARD AT 2.45P.M.
Next Hearing Date: 27-02-2023
Date: 27-02-2023
Business: Complainant Present. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused present.
Exh - 60 - App to set aside the no cross-order passed against the accused.
O - Other side to say.
Exh - 61 - App for exemption on behalf of accused. O - Granted.
Exh.No. 52 contd. Page No.07.
On S.A.further Cross-examination of Padamlal Tiwari by Adv. Nitin Runwal for accused.
Accused and his adv are absent when called. Hence, matter to proceed without cross-examination.
No Cross-examination.
Next Purpose: PART HEARD AT 2.45P.M.
Next Hearing Date: 24-03-2023
Date: 24-03-2023
Business: Complainant Present. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused present.
Exh - 62 - An App to set aside the no cross order passed respect of witness padamlal and Amit.
O - Other side to say.
Exh - 63 - App for exemption on behalf of accused. O - Granted.
Order Below Exh-60 and 62.
Order - No cross order passed against accused is hereby set-aside and accused is permitted to conduct cross-examination of Amit Mishra (C.W.-2 and Padamlal Tiwari (C.W. 3) subject to payment of cost of Rs.10000/- by the accused to complainant.
Next Purpose: PART HEARD AT 2.45P.M.
Next Hearing Date: 26-04-2023
Date: 26-04-2023
Business: Complainant Present. Ld Adv. for complainant present.
Accused Present. Ld Adv. for accused present.
Exh - 64 - App for exemption on behalf of accused. O - Granted.
Exh - 65 - Purses on behalf of the accused to payment of cost
O - seen.
Exh.No. 53 contd. Page No.08.
On S.A. cross-examination of Amit Mishra (C.W. 2) by Adv. N.D. Runwal for accused.
Cross-examination is over
No re-examination.
Next Purpose: PART HEARD AT 2.45P.M.
Next Hearing Date: 23-06-2023
Date: 23-06-2023
Business: Complainant Present. Ld Adv. for complainant present.
Accused Present. Ld Adv. for accused present.
Exh. No. 52 contd. Page No. 08.
On S.A. further cross-examination of Padamlal Tiwari by Adv. Nitin Runwal for accused.
Cross-examination is over.
No re-examination.
Next Purpose: PART HEARD AT 2.45P.M.
Next Hearing Date: 24-07-2023
Date: 24-07-2023
Business: Complainant Present. Ld Adv. for complainant present.
Accused Present. Ld Adv. for accused absent.
Exh - 66 - Closing evidence purses.
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 02-08-2023
Date: 02-08-2023
Business: Complainant Present. Ld Adv. for complainant present.
Accused present. Ld Adv. for accused absent.
Exh - 67 - Statement of accused Nitin Shamrao Joshi U/sec 313 of Cr. P.C. recrded.
Next Purpose: FOR ARGUMENT AT 2.45
Next Hearing Date: 29-08-2023
Date: 29-08-2023
Business: Complainant Present. Ld Adv. for complainant present.
Accused Present. Ld Adv. for accused absent.
Exh - 68 - App for adjournment on behalf of accused. o - Adjournment granted as a last chance
Next Purpose: FOR ARGUMENT AT 2.45
Next Hearing Date: 05-10-2023
Date: 05-10-2023
Business: Metropolitan Magistrate is on leave, charge with Metropolitan Magistrate, 44th Court, Andheri, Mumbai.
Next Purpose: FOR ARGUMENT AT 2.45
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 ARGUMENT AT 2.45
Next Hearing Date: 06-01-2024
Date: 06-01-2024
Business: Complainant absent. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused present.
Exh - 69 - Vakalatanama. on behalf of complainant. O - Seen.
Exh - 70 - Vakalatanama. on behalf of accused. O - Seen.
Exh - 71 - App u/sec 311 of Cr.P.C. on behalf of complainant to recall bank witness of complainant bank to prove returned bank memo of disputed cheque in question and to prove dishonor of disputed cheque.
O - Other side to say.
Next Purpose: FOR ARGUMENT AT 2.45
Next Hearing Date: 31-01-2024
Date: 31-01-2024
Business: Complainant Present. Ld Adv. for complainant present.
Accused Present. Ld Adv. for accused present.
Exh - 72 - Reply to the App u/sec 311 of Cr.P.C. O - Seen.
Order Below Exh-71
Application is allowed and permission granted to examine the banker subject to cost of Rs.3000/- payable by complainant to accused. Issue summons to bank witness after details of witness furnish by the complainant.
Exh - 73 - App for issue of summons to bank witness of complainant bank
O - Issue witness summons as prayed.
Next Purpose: PART HEARD
Next Hearing Date: 15-02-2024
Date: 15-02-2024
Business: Complainant Present. Ld Adv. for complainant present.
Accused Present. Ld Adv. for accused present.
Exh - 74 - App for permission for production of documents
O - Allowed to produced.
Exh - 75 - List of Documents.
Exh - 76 -
Deposition of witness no-4 on behalf of complainant.
On S.A. Examination-in-chief by Advocate S.N.Imam for the complainant.
Cross-examination by Adv. S.K. Kamble for accused.
Cross-examination is over
No re-examination.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 07-03-2024
Date: 07-03-2024
Business: Metropolitan Magistrate is on leave, charge with Metropolitan Magistrate, 44th Court, Andheri, Mumbai. Case is adjourned next date
Next Purpose: FOR ARGUMENT AT 2.45
Next Hearing Date: 04-04-2024
Date: 04-04-2024
Business: Complainant Present. Ld Adv. for complainant present.
Accused Present. Ld Adv. for accused absent.
Exh - 82 - Memo of written argument on behalf of complainant. O - Seen.
Exh - 83 - List of citation on behalf of complainant. O - Seen.
Exh - 84 - Written argument on behalf of accused. O - Seen
Next Purpose: FOR ARGUMENT AT 2.45
Next Hearing Date: 26-04-2024
Date: 26-04-2024
Business: Complainant Present. Ld Adv. for complainant present.
Accused Present. Ld Adv. for accused present.
Exh - 85 - App for adjournment on behalf of accused. o - Adjournment granted as a last chance
For oral argument
Next Purpose: FOR ARGUMENT AT 2.45
Next Hearing Date: 08-05-2024
Date: 08-05-2024
Business: Complainant Present. Ld Adv. for complainant present.
Accused Present. Ld Adv. for accused present.
For Oral argument
Next Purpose: FOR ARGUMENT AT 2.45
Next Hearing Date: 12-06-2024
Date: 12-06-2024
Business: Complainant Present. Ld Adv. for complainant present.
Accused Present. Ld Adv. for accused absent.
Next Purpose: FOR ARGUMENT AT 2.45
Next Hearing Date: 08-07-2024
Date: 08-07-2024
Business: Judicial Magistrate (Fist Class), 48th court is on Leave , Charge with Judicial Magistrate (Fist Class), 44th Court, Andheri, Mumbai. Case is adjourned next date
Next Purpose: FOR ARGUMENT AT 2.45
Next Hearing Date: 08-08-2024
Date: 08-08-2024
Business: Judicial Magistrate (First Class), 48th court is on Leave , Charge with Judicial Magistrate (First Class), 44th Court, Andheri, Mumbai. Case is adjourned next date
Next Purpose: FOR ARGUMENT AT 2.45
Next Hearing Date: 29-08-2024
Date: 29-08-2024
Business: Complainant Present. Ld Adv for complainant Present.
Accused absent. Ld Adv for accused Present.
For Judgement
Next Purpose: FOR ARGUMENT AT 2.45
Next Hearing Date: 11-10-2024
Date: 11-10-2024
Business: Complainant Present. Ld Adv for complainant Present.
Accused Present. Ld Adv for accused Present.
Next Purpose: FOR ARGUMENT AT 2.45
Next Hearing Date: 06-11-2024
Date: 06-11-2024
Business: Complainant Present. Ld Adv for complainant Present.
Accused Present. Ld Adv for accused Present.
Next Purpose: FOR ARGUMENT AT 2.45
Next Hearing Date: 04-12-2024
Date: 04-12-2024
Business: Judicial Magistrate (First Class), 48th court is on Leave , Charge with Judicial Magistrate (First Class), 65th Court, Andheri, Mumbai. Case is adjourned next date
Next Purpose: FOR ARGUMENT AT 2.45
Next Hearing Date: 27-12-2024
Date: 27-12-2024
Business: Judicial Magistrate (First Class) 48th court, is on leave charge with Judicial Magistrate (first Class), Railway Mobile Cout, Andheri, Mumbai.
Next Purpose: FOR ARGUMENT AT 2.45
Next Hearing Date: 13-01-2025
Date: 13-01-2025
Business: Complainant Present. Ld Adv for complainant Present.
Accused Present. Ld Adv for accused absent
Next Purpose: FOR ARGUMENT AT 2.45
Next Hearing Date: 15-01-2025
Date: 15-01-2025
Business: Complainant Present. Ld Adv for complainant Present. Accused Present. Ld Adv for accused present.
Order Below Exh-86
1. Accused Mr. Nitin Shamrao Joshi, 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 one year.
2. Accused is directed to pay compensation Rs. 37,68,000/- Rs. Thirty Seven Lacs Sixty Eight Thousand Only to the complainant within three months from today, in default to suffer Simple Imprisonment for one year.
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. The copy of this Judgment shall be given to the convicted accused, free of cost, in view of section 363(1) of the Codeof Criminal Procedure, 1973.
7. Dictated and pronounced in open court.
Nature Of Disposal: CONVICTED
Disposal Date: 15-01-2025
