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Summons Private cases SS

RAMESHCHANDRA F.VsM/S. ASHTVINAYAK BUILDER AND DEVELOPERS +1 more

CNR MHMM19009608201848-Judicial Magistrate (First Class), 48th Court
CASE DISPOSED
Contested--CONVICTED
Decision Date: 01st September 2023

TrustJury record updated 25 Sept 2026

Case Overview

Registration Number
3822/2018
Registration Date
26 Sept 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: 01-11-2018
    Business: Adv. for compt. pt. Ex. 5-VP. Ex.6-Court fee paid. Ex.7-Verification. Documents verified. For arguments.
    Next Purpose: FOR VERIFICATION
    Next Hearing Date: 10-01-2019
    
    Date: 10-01-2019
    Business: as per roznama.
    Next Purpose: FOR VERIFICATION
    Next Hearing Date: 17-06-2019
    
    Date: 17-06-2019
    Business: Adv. for compt. pt. Ex-08 application for extension of time for service of summons o-issue
    Next Purpose: NOT HEARD AT 2.45 P.M.
    Next Hearing Date: 21-12-2019
    
    Date: 21-12-2019
    Business: Adv. for compt. pt. Adv. for accd. ab. Ex. 8-Appln. for fresh summons through police- Reissue as prayed.
    for summons report.
    Next Purpose: NOT HEARD AT 2.45 P.M.
    Next Hearing Date: 03-02-2020
    
    Date: 03-02-2020
    Business: Adv. for compt. pt. Adv. for accd. ab.
    Ex. 9 - application for permission submitting the summons report-allow.
    Ex. 10- application for issue of NBW-Issue B/W to accd. in sum of rs. 10000/-
    For report.
    Next Purpose: NOT HEARD AT 2.45 P.M.
    Next Hearing Date: 06-04-2020
    
    Date: 06-04-2020
    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: NOT HEARD AT 2.45 P.M.
    Next Hearing Date: 08-09-2020
    
    Date: 08-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NOT HEARD AT 2.45 P.M.
    Next Hearing Date: 11-01-2021
    
    Date: 11-01-2021
    Business: Adv for complt pt.
    Exh.11-Appln for issue notice - Issue notice to accud.
    For report.
    Next Purpose: NOT HEARD AT 2.45 P.M.
    Next Hearing Date: 25-02-2021
    
    Date: 25-02-2021
    Business: Court is Vacant. Board discharged.
    Next Purpose: NOT HEARD AT 2.45 P.M.
    Next Hearing Date: 03-03-2021
    
    Date: 03-03-2021
    Business: Adv for complt pt. Adv for accud ab.
    Exh.12-Appln for issue fresh B/W against accud - Reissue B/W of Rs. 10000/-.
    For report.
    Next Purpose: NOT HEARD AT 2.45 P.M.
    Next Hearing Date: 14-06-2021
    
    Date: 14-06-2021
    Business: 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: NOT HEARD AT 2.45 P.M.
    Next Hearing Date: 08-09-2021
    
    Date: 08-09-2021
    Business: Complainant and Ld. Adv. for complainant absent. Accused present with advocate. Exh. - 13 - Vakalatnama filed by the Ld. Adv. for accused. Exh. - 14 - An application for cancellation of warrant issued against the accused and the same is cancelled subject to penalty of Rs. 500/- and the same is paid by the accused. Exh. - 15 - An application for bail of accused. -O- Accused is released on executing PB and SB of Rs. 15000/-, accused is at liberty to furnish cash security of Rs. 15000/- in lieu of surety. Exh. - 16 - PR Bond and Cash Bond of accused. Exh. - 17 - Plea of accused is recorded.  For Evidence.
    Next Purpose: FOR HEARING
    Next Hearing Date: 12-10-2021
    
    Date: 12-10-2021
    Business: Complainant present his adv. present accused present his adv. present Exh-18 Examination in chief. O- R and R.  for cross.
    Next Purpose: FOR HEARING
    Next Hearing Date: 24-11-2021
    
    Date: 24-11-2021
    Business: Complainant present with advocate. Accused absent. Ld. Adv. for accused present. Exh. - 20 - An application by Ld. Adv. for complainant for production of documents and the same is allowed. For further chief and cross examination.
    Next Purpose: PART HEARD
    Next Hearing Date: 08-12-2021
    
    Date: 08-12-2021
    Business: Complainant and his Adv. present.
    Accused present. Adv. for accused absent.
    On S. A. further examination in chief of complainant by holding Adv. for complainant.
    Exh. No. 21 - Original Cheque.
    Exh. No. 22 - Cheque return memo.
    Exh.No. 23 - Office copy of notice.
    Exh. No. 24 - Postal receipt.
    Cross-examination by Adv. for accused.
    Adv. for accused is absent. Accused personally declined to take cross-examination. Hence, matter to proceed without cross-examination.
    No Cross-examination.
    Next Purpose: PART HEARD
    Next Hearing Date: 27-12-2021
    
    Date: 27-12-2021
    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.
    Exh. No. 26 - An application by Adv. for accused for setting aside order dt. 08-12-2021 of no cross of complainant. O - O. S. to say.
    Next Purpose: PART HEARD
    Next Hearing Date: 15-01-2022
    
    Date: 15-01-2022
    Business: Ld. Metropolitan Magistrate is on leave. Board discharged. Charge with Ld. Metropolitan Magistrate, 63rd Court, Andheri, Mumbai.
    Next Purpose: PART HEARD
    Next Hearing Date: 23-02-2022
    
    Date: 23-02-2022
    Business: Complainant present with advocate. Accused and his advocate absent.
    Next Purpose: PART HEARD
    Next Hearing Date: 15-03-2022
    
    Date: 15-03-2022
    Business: Complainant and his Adv. present.
    Adv. for accused present.
    Next Purpose: PART HEARD
    Next Hearing Date: 20-04-2022
    
    Date: 20-04-2022
    Business: Complainant present. Ld. Adv. for complainant present.
    Next Purpose: PART HEARD
    Next Hearing Date: 02-06-2022
    
    Date: 02-06-2022
    Business: Ld. Metropolitan Magistrate, 48th Court, Andheri, Mumbai is on Concession leave charge is with Ld. Metropolitan Magistrate, 65th Court, Andheri, Mumbai. Board Discharged.
    Next Purpose: PART HEARD
    Next Hearing Date: 01-07-2022
    
    Date: 01-07-2022
    Business: Complainant present.  Ld. Adv. For Complainant present. Accused and  Ld. Adv. for accused absent.
    Exh - 29 - App for issue NBW against the accused. O - Issue NBW against accused.
    Exh - 30 - Purses. O - Seen.
    Next Purpose: FOR STATEMENT U/sec 313
    Next Hearing Date: 02-07-2022
    
    Date: 02-07-2022
    Business: Accused and  Ld. Adv. for accused Present.
    Exh - 31 - App for taking the matter on today board. O - Allowed.
    Exh - 32 - App for cancellation of warrant.
    O - NBW against accused stand cancelled   subject to penalty of Rs.500/-
    Next Purpose: FOR STATEMENT U/sec 313
    Next Hearing Date: 02-08-2022
    
    Date: 02-08-2022
    Business: Complainant and his Adv. present.
    Adv. for accused present.
    Order passed below Exh. No. 26 - No Cross order against accused is set aside subject to cost of Rs. 1000/- payable by accused to complainant.
    On S. A. cross-examination of Ramesh Chandra by Adv. Mahesh Kadam for accused.
    On Oral request of Adv. for accused, cross-examination is deferred till next date.
    For further cross-examination.
    Next Purpose: PART HEARD
    Next Hearing Date: 14-09-2022
    
    Date: 14-09-2022
    Business: Complainant present. Ld Adv. for Complainant Present.
    Accused absent. Ld Adv. for accused present.
    Exh - 33 - App for exemption on behalf of accused. O -Other side to say.
    O - Adjournment granted as a last chance.
    subject to penalty of Rs.1000/-
    Exh - 34 - Production of document.
    O - Allowed to produced the document.
    Exh - 35 - App for List of document.
    O - Accused  to say about admissibility of document.
    Next Purpose: PART HEARD
    Next Hearing Date: 13-10-2022
    
    Date: 13-10-2022
    Business: Complainant Present. Ld Adv. for complainant present.
    Accused Present. Ld Adv. for accused Present.
    Exh.18 contd. Page No-08.
    On S.A.cross-examination of Ramesh Chandra by Advocate Mahesh Kadam for accused.
    Advocate for accused absent. Accused is present and he did not conduct cross-examination.  Hence matter to proceed without cross-examination.
    No cross-examination.
    Next Purpose: PART HEARD
    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 - 36 - App for set aside order dated 13/10/2022 of no cross-order.
    O - No Cross order set-aside subject to cost of Rs.3000/- payable by accused to complainant.
    Exh.No.18 contd. Page No-08.
    On S.A.further cross-examination of Rameshchandra by Adv. Mahesh Kadam for accused.
    ( On oral request of advocate for accused, cross-examination is deferred till next date. )
    Next Purpose: PART HEARD
    Next Hearing Date: 30-11-2022
    
    Date: 30-11-2022
    Business: Complainant Present. Ld Adv. for complainant present.
    Accused Present. Ld Adv. for accused present.
    Exh. No. 18 contd. Page No.10.
    On S.A.further Cross-examination of Rameshchandra by bAdv. Mahesh Kadam for accused.
    ( On oral request of advocate for accused, cross-examination is deferred till next date ).
    Next Purpose: PART HEARD
    Next Hearing Date: 05-12-2022
    
    Date: 05-12-2022
    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: PART HEARD
    Next Hearing Date: 29-12-2022
    
    Date: 29-12-2022
    Business: Complainant and his Adv. present.
    Adv. for accused present.
    On oral request of Adv. for accused matter is adjourned.
    For further cross-examination.
    Next Purpose: PART HEARD
    Next Hearing Date: 11-01-2023
    
    Date: 11-01-2023
    Business: Complainant present with advocate. Accused absent. Ld. Adv. for accused present. Exh. - 37 - Exemption application of accused is granted for today only. Exh.  - 38 - Adjournment appllication filed by Ld. Adv. for accused is granted as last chance.
    Next Purpose: PART HEARD
    Next Hearing Date: 19-01-2023
    
    Date: 19-01-2023
    Business: Complainant Present. Ld Adv. for complainant present.
    Accused Present. Ld Adv. for accused present.
    Exh.No.18 contd.Page No.13.
    On S.A.further cross-examination of Rameshchandra by Adv. Mahesh kadam for accused.
    Cross-examination is over.
    No re-examination.
    Next Purpose: PART HEARD
    Next Hearing Date: 06-02-2023
    
    Date: 06-02-2023
    Business: Complainant Present. Ld Adv. for complainant present.
    Accused Present. Ld Adv. for accused present.
    Exh - 39 - Purses of closing evidence.
    O - Seen.
    Next Purpose: FOR STATEMENT U/sec 313
    Next Hearing Date: 28-02-2023
    
    Date: 28-02-2023
    Business: Complainant Present. Ld Adv. for complainant present.
    Accused Present. Ld Adv. for accused present.
    Exh - 40 - Statement of Accused name Vinayak Chandrakant Pawar u/sec 313 of Cr.P.C.
    Next Purpose: PART HEARD
    Next Hearing Date: 13-04-2023
    
    Date: 13-04-2023
    Business: Complainant Present. Ld Adv. for complainant present.
    Accused Present. Ld Adv. for accused present.
    Order Below Exh-1
    Today matter was fixed for defense evidence.  In spite of opportunity given, accused did not lead evidence.  Hence evidence of accused is closed and case is fixed fr final argument on next date.
    Next Purpose: PART HEARD
    Next Hearing Date: 11-05-2023
    
    Date: 11-05-2023
    Business: Complainant Present. Ld Adv. for complainant present.
    Accused Present. Ld Adv. for accused absent.
    Exh - 41 - Written argument on behalf of the complainant. O - Seen
    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: 04-07-2023
    
    Date: 04-07-2023
    Business: Complainant absent. 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 file argument.
    Next Purpose: FOR ARGUMENTS
    Next Hearing Date: 02-08-2023
    
    Date: 02-08-2023
    Business: Complainant absent. Ld Adv. for complainant present.
    Accused absent. Ld Adv. for accused present.
    Exh - 43 - Written argument on behalf of accused no-2 Vinayak pawar.
    O - Seen
    Next Purpose: FOR ARGUMENTS
    Next Hearing Date: 01-09-2023
    
    Date: 01-09-2023
    Business: Complainant absent. Ld. Adv for complainant absent. Accused Present. Ld Adv for Accused Present.
    Order Below Exh- 44
    i.	The accused Mr. Vinayak Chandrakant Pawar is hereby convicted for the offence punishable under section 138 of the Negotiable Instrument Act, 1881 vide section 255(2) of the Code of Criminal Procedure, 1973.
    ii.	Accused is hereby sentenced to suffer simple imprisonment for period of Six months and he shall pay compensation of Rs.2,25,000/- (Rs. Two Lacs Twenty Five Thousand Only) to the complainant, vide Section 357(3) of the Code of Criminal Procedure. Accused shall pay above amount of compensation within two months from today, in default of payment of compensation, accused shall suffer simple imprisonment for the period of one month.
    iii.	The amount of compensation realized from the accused, shall be paid to the complainant, subject to expiry of the appeal period or the orders of Honourable Appellate Court (if any).
    iv.	 Accused to surrender his bail bonds.
    v.	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.
    vi.	The copy of this Judgment be provided free of cost to the accused, immediately after it is prepared, in view of section 363(1) of the Code of Criminal Procedure, 1973.
    vii.	Accused is informed about having his right to prefer appeal against this judgment within a statutory period before Hon\''ble Sessions Court.
    viii.  	Dictated and pronounced in open court.
    Nature Of Disposal: CONVICTED
    Disposal Date: 01-09-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 11879/2018
    Filing Date: 26-09-2018
    First Hearing Date: 01st November 2018
    Decision Date: 01st September 2023
    Court Number And Judge: 48-Judicial Magistrate (First Class), 48th Court

    Orders

    1
    Final Order 1Full order available
    01 Sept 2023

    Order Details: Copy of Judgment Pdf Text: 1 C. C. No. 3822/SS/2018 Filed on : 26/09/2018 Registered on : 26/09/2018 Decided on : 01/09/2023 Duration : 05Y. 00M. 05D. IN THE COURT OF METROPOLITAN MAGISTRATE 48TH COURT ANDHERI MUMBAI (Presided over by K. G. Sawant) Case No. 3822/SS/2018 CNR: MHMM190096082018 Exh. No. Mr. Rameshchandra F. Champaneri. An Adult, Indian Inhabitant, Aged :83 years, R/at 13 Boricha Chawl, Shradhanand Road, Vile Parle (E), Mumbai 400057 …Complainant Versus Mr. Vinayak Chandrakant Pawar.…

    Read Full Order

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