Date: 05-12-2018
Business: Adv. for compt. pt. Verification recorded. for documents verification.
Next Purpose: FOR VERIFICATION
Next Hearing Date: 18-03-2019
Date: 18-03-2019
Business: Adv. for compt. pt. Verification recorded. Documents verified. Ex.5-Appln. for TOR copy of complaint.Order passed below Ex.1-Process issued.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 21-10-2019
Date: 21-10-2019
Business: As 21/10/2019 Holiday declared on Account of vidhan Shabh Election Borad Dischared
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 23-03-2020
Date: 23-03-2020
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: 22-04-2021
Date: 22-04-2021
Business: Court is Vacant. Charge with Ld. M. M. 63rd Court. Board Discharged.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 07-07-2021
Date: 07-07-2021
Business: Ld. Metropolitan Magistrate, 48th Court, Andheri, Mumbai is on leave charge is with Ld. Metropolitan Magistrate, 63rd Court, Andheri, Mumbai.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 18-10-2021
Date: 18-10-2021
Business: As per Chief Metropolitan Magistrate''s Office order no. Estt16/1692/2021, dt. 13-10-2021, Board is discharged.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 27-11-2021
Date: 27-11-2021
Business: Complainant present. Ld. Adv. for complainant present. Accused and Ld. Adv. for accused absent. Exh. - 06 - An application for fresh summons against accused is granted. For steps.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 16-02-2022
Date: 16-02-2022
Business: Complainant absent. Ld. Adv. for complainant present. Accused present with advocate. Exh. - 07 - Vakalatnama filed by Ld. Adv. for accused. Exh. - 08 - An application for bail of accused - O - Accused is released on bail on executing PR Bond and Cash Security of Rs. 5000/-. Exh. - 09 - PR Bond and Cash Bond of accused. Exh. - 10 - Plea of accused is recorded. A. P. N. G. Exh. - 11 - An application by Ld. Adv. for accused to submit proof of residence on next date. For evidence
Next Purpose: FOR HEARING
Next Hearing Date: 14-03-2022
Date: 14-03-2022
Business: Complainant absent. Ld. Adv. for complainant present. Exh. - 12 - An application for adjournment by the Ld. Adv. for the complainant
Next Purpose: FOR HEARING
Next Hearing Date: 29-03-2022
Date: 29-03-2022
Business: Complainant absent. Ld. Adv. for complainant present. Exh - 7 - Evidance of complainant in the form of Affidavit. O- Read and record. Exh - List of document.- Call say of accused about admissible of document.
Next Purpose: FOR HEARING
Next Hearing Date: 13-04-2022
Date: 13-04-2022
Business: Ld. Metropolitan Magistrate, 48th Court, Andheri, Mumbai is on leave during 1st Session, charge is with Ld. Metropolitan Magistrate, 63rd Court, Andheri, Mumbai. Board discharged 1st Session.
Next Purpose: FOR HEARING
Next Hearing Date: 09-06-2022
Date: 09-06-2022
Business: Complainant present. Adv. for complainant present.
Accused present. Adv. for accused present.
Exh. No. 9 - An application by Adv. for accused for adjournment. O - Adj. granted.
For further examination in chief.
Next Purpose: PART HEARD
Next Hearing Date: 14-07-2022
Date: 14-07-2022
Business: Complainant and his Adv. present.
Accused absent. adv. for accused present.
Exh. No. 10 - An application by Adv. for accused for exemption. O - granted for today only.
On S. A. further examination in chief of Mita Sakpal by Adv. Vijay kumar for complainant.
Accused did not file say about admissibility of documents and hence, matter proceeded without say on the part of accused.
Exh. No. 11 - Certified copy of leave and license agreement executed between complainant and accused.
Exh. No. 12 - Account statement.
Article A - Panchnama.
Exh. No. 13 - Disputed cheque.
Exh. No. 14 - Cheque returned memo.
Exh. No. 15 and 16 - Postal receipts.
Exh. No. 17 and 18 - A. D. Cards.
Exh. No. 19 - Office copy of notice.
Cross-examination by Adv. for accused.
On oral request of Adv. for accused, matter is adjourned for cross-examination till next date.
Next Purpose: PART HEARD
Next Hearing Date: 12-08-2022
Date: 12-08-2022
Business: Complainant present. Ld. Adv. for complainant present. Accused and Ld. Adv. for accused Present.
Exh - 20 - App for adjournment on behalf of accused. O - Adjournment Granted as last chance.
Next Purpose: PART HEARD
Next Hearing Date: 08-09-2022
Date: 08-09-2022
Business: Complainant and his Adv. present.
Adv. for accused present.
Exh. No. 21 - An application by Adv. for accused for exemption. O - Granted as a last chance.
Exh. No. 22 - An application by Adv. for accused for adjournment. O - No proper reasons. Hence, application for adjournment is rejected.
On S. A. cross-examination of Umita Sakpal by Adv. Jyoti Singh for accused.
Accused did not conduct the cross-examination. Application for adjournment is rejected. Hence, matter to proceed without cross-examination.
No cross-examination.
For further evidence.
Next Purpose: PART HEARD
Next Hearing Date: 30-09-2022
Date: 30-09-2022
Business: Complainant absent. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused present.
Exh - 22 - App for setting aside order dated 08/09/2022 closing cross examination of PW 1 for recalling of PW1
O - Other side to say.
Exh - 23 - Closing purses. O -Seen.
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 19-10-2022
Date: 19-10-2022
Business: Complainant Present. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused present.
Exh - 24 - App for exemption on behalf of accused. O - Granted.
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 19-11-2022
Date: 19-11-2022
Business: Complainant Present. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused present.
Exh.No.07 contd.Page No-06.
In view of order below Exh.22 no cross order is set-aside and permission granted to conduct the cross-examination.
on S.A.Cross-examination of Mrs. Umita Sakpal by Adv. Bimlesh Singh for accused.
Cross-examination is over.
No Re-examination.
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 26-11-2022
Date: 26-11-2022
Business: Complainant and his Adv. present.
Accused absent. Adv. for accused present.
Exh. No. 25 - An application by Adv. for accused for exemption. O - Granted for today only.
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 08-12-2022
Date: 08-12-2022
Business: Complainant Present. Ld Adv. for complainant present.
Accused Present. Ld Adv. for accused present.
Exh - 26 - App Praying for recalling of complainant PW 1 for further cross-examination.
O - Other side to say.
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 17-12-2022
Date: 17-12-2022
Business: Complainant Present. Ld Adv. for complainant present.
Accused Present. Ld Adv. for accused present.
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 27-01-2023
Date: 27-01-2023
Business: Ld. Metropolitan Magistrate is on leave. Charge with Ld. Metropolitan Magistrate Railway Mobile Court, Andheri, Mumbai. Board Discharged.
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 08-02-2023
Date: 08-02-2023
Business: Complainant and his Adv. present.
Adv. for Accused present.
Exh. No. 27 - An application by Adv. for accused for exemption. O - Granted for today only.
Order passed below Exh. No. 26 - Application is rejected.
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 02-03-2023
Date: 02-03-2023
Business: Complainant Present. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused present.
Exh - 28 - App for exemption on behalf of accused. O - Granted as a last chance.
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 28-03-2023
Date: 28-03-2023
Business: Complainant Present. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused present.
Exh - 29 - App for exemption on behalf of accused. O - Other side to say.
O - case is on statement Present of accused is necessary, hence rejected.
Exh - 30 - App for issue NBW against the accused. O - issue NBW against the accused.
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 15-04-2023
Date: 15-04-2023
Business: Accused Present. Ld Adv. for accused present.
Exh - 31 - App for taking the case on today board. O - Allowed.
Exh - 32 - App for cancellation of NBW issue against the warrant.
O - NBW against accused stand cancelled subject to penalty of Rs.1000/-
Exh - 33 - Statement of Accused u/sec 313 of Cr.P.C. recorded.
Next Purpose: PART HEARD
Next Hearing Date: 19-04-2023
Date: 19-04-2023
Business: Complainant Present. Ld Adv. for complainant present.
Accused Present. Ld Adv. for accused present.
Exh - 34 - App for permission to lead Defense Witness . O - Other side to say.
Next Purpose: PART HEARD
Next Hearing Date: 09-06-2023
Date: 09-06-2023
Business: Complainant Present. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused absent.
Exh - 35 - App for issue NBW against the accused. O - issue NBW against the accused.
Next Purpose: PART HEARD
Next Hearing Date: 15-06-2023
Date: 15-06-2023
Business: Accused Present. Ld Adv. for accused present.
Exh -36 - App for taken today on board. O - Allowed
Exh - 37 - App for cancellation of warrant.
O - NBW against accused stand cancelled subject to penalty of Rs.500/-
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.
Next Purpose: PART HEARD
Next Hearing Date: 19-07-2023
Date: 19-07-2023
Business: Complainant Present. Ld Adv. for complainant present.
Accused Present. Ld Adv. for accused present.
Exh - 38 - Examination-in-chief on affidavit of accused Ashok Rao the accused u/sec 315 Cr.P.C.
O - Read and Record.
Next Purpose: PART HEARD
Next Hearing Date: 19-08-2023
Date: 19-08-2023
Business: Complainant absent. Ld Adv. for complainant present.
Accused Present. Ld Adv. for accused present.
Exh. No. 38 contd. Page No. 05.
On S.A. cross-examination of Ashok Rao by Adv. Pradeep Shetty for complainant.
Cross-examination is over.
No re-examination.
Exh - 40 - Purses. on behalf of accused.
O - Seen.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 30-09-2023
Date: 30-09-2023
Business: Complainant Present. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused present.
Exh - 41 - App for exemption on behalf of accused. O - Granted.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 02-11-2023
Date: 02-11-2023
Business: Complainant Present. Ld Adv. for complainant present.
Accused Present. Ld Adv. for accused absent.
Exh - 42 - App for adjournment on behalf of accused. O - Adjournment granted as a last chance to accused to file argument.
Exh - 43 - Written argument on behalf of complainant. O - Seen.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 04-12-2023
Date: 04-12-2023
Business: Metropolitan Magistrate is on leave, charge with Metropolitan Magistrate, 44th Court, Andheri, Mumbai.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 29-12-2023
Date: 29-12-2023
Business: Complainant Present. Ld Adv. for complainant present.
Later on Accused absent. Ld Adv. for accused present.
Exh - 44 - Written argument on behalf of accused. O - Seen
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 12-02-2024
Date: 12-02-2024
Business: Complainant absent. Ld Adv. for complainant present.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 29-02-2024
Date: 29-02-2024
Business: Complainant Present. Ld Adv. for complainant present.
Accused Present. Ld Adv. for accused present.
Exh - 44 - Written argument of the accused.
O - Seen.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 30-03-2024
Date: 30-03-2024
Business: Complainant Present. Ld Adv. for complainant present.
Accused Present. Ld Adv. for accused present.
Exh - 45 - List of authority relied by accused. O - Seen
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 04-05-2024
Date: 04-05-2024
Business: Complainant Present. Ld Adv. for complainant present.
Accused Present. Ld Adv. for accused present.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 12-06-2024
Date: 12-06-2024
Business: Complainant Present. Ld Adv. for complainant present.
Accused Present. Ld Adv. for accused present.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 28-06-2024
Date: 28-06-2024
Business: Complainant Present. Ld Adv for complainant Present.
Accused Present. Ld Adv for accused Present.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 05-08-2024
Date: 05-08-2024
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 ARGUMENTS
Next Hearing Date: 20-08-2024
Date: 20-08-2024
Business: Complainant Present. Ld Adv for complainant Present.
Accused absent. Ld Adv for accused Present.
Exh - 45 - App for exemption on behalf of accused. O - Granted
For Judgement.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 31-08-2024
Date: 31-08-2024
Business: Complainant Present. Ld Adv for complainant Present. Accused Present. Ld Adv for accused Present.
Order Below Exh-46
1. Accused Mr. Ashok Bheemrao proprietor of M/s. A.K. Construction 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 of Rs.15,32,500/- (Rs. Fifteen Lac Thirty Two Thousand Five Hundred Only) to the complainant within three months from today, in default to suffer Simple Imprisonment for nine 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. The copy of this Judgment shall be supplied to the convicted accused, free of cost, in view of section 363(1) of the Code of Criminal Procedure, 1973.
7. Dictated and pronounced in open court.
Nature Of Disposal: CONVICTED
Disposal Date: 31-08-2024
