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Summons Private cases SS

NASIRA ABDUL MAJEED SHAIKHVsRAJANI SAGAR PANDIT

CNR MHMM19009639201848-Judicial Magistrate (First Class), 48th Court
CASE DISPOSED
Contested--WITHDRAWN DURING OR AFTER EVIDENCE
Decision Date: 28th September 2024

TrustJury record updated 25 Sept 2026

Case Overview

Registration Number
3878/2018
Registration Date
27 Sept 2018

Advocates

1

For Respondent

    Not available

    Parties

    2

    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. 4-Verification. Documents verified. Order passed below Ex.1-Process issued.
    Next Purpose: NOT HEARD AT 2.45 P.M.
    Next Hearing Date: 16-04-2019
    
    Date: 16-04-2019
    Business: Adv. for compt. pt. Ex. 5-Appln. for bailable warrant- Issue B/W of Rs.5000/- against accd. Ex. 6-Appln. u/s. 143(A) of Cr.P.C. -Issue notice to accused. for report.
    Next Purpose: NOT HEARD AT 2.45 P.M.
    Next Hearing Date: 28-05-2019
    
    Date: 28-05-2019
    Business: Adv. for both side. for evidence.
    Next Purpose: FOR HEARING
    Next Hearing Date: 07-08-2019
    
    Date: 07-08-2019
    Business: LD.M.M. is on leave. Charge with Ld. M.M. 63rd court. Board discharged.
    Next Purpose: FOR HEARING
    Next Hearing Date: 07-10-2019
    
    Date: 07-10-2019
    Business: LD. M.M. IS ON LEAVE BOARD DISCHARGED.
    Next Purpose: FOR HEARING
    Next Hearing Date: 16-01-2020
    
    Date: 16-01-2020
    Business: Adv. for compt. pt. Adv. for accd. ab. for evidence.
    Next Purpose: FOR HEARING
    Next Hearing Date: 13-03-2020
    
    Date: 13-03-2020
    Business: Ld. M.M. is on Leave. Charge with Ld.M.M. 63rd court. Board discharged.
    Next Purpose: FOR HEARING
    Next Hearing Date: 27-03-2020
    
    Date: 27-03-2020
    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: 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: 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: 15-12-2020
    
    Date: 15-12-2020
    Business: Adv for both sides pt.
    Exh.12- Affidavit of evidence of P.W. no.1 - R and R.
    Exh.13-List of documents- Accud to say on admissibility of documents.
    Exh.14-Appln for issue NBW against accud - Issue notice to accud.
    For say.
    Next Purpose: FOR HEARING
    Next Hearing Date: 16-01-2021
    
    Date: 16-01-2021
    Business: Court is vacant. Board discharged.
    Next Purpose: FOR HEARING
    Next Hearing Date: 06-03-2021
    
    Date: 06-03-2021
    Business: Court is Vacant. Board discharged.
    Next Purpose: FOR HEARING
    Next Hearing Date: 10-06-2021
    
    Date: 10-06-2021
    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. Charge is with Metropolitan Magistrate, 65th Court, Andheri, Mumbai.
    Next Purpose: FOR HEARING
    Next Hearing Date: 18-08-2021
    
    Date: 18-08-2021
    Business: Complainant present. Ld. Adv. for complainant present. Accused and his advocate absent. An application by the Ld. Adv. for complainant for issuance of NBW against accused and the same is kept for order thereupon.
    Next Purpose: FOR HEARING
    Next Hearing Date: 30-09-2021
    
    Date: 30-09-2021
    Business: As per roznama
    Next Purpose: FOR HEARING
    Next Hearing Date: 30-10-2021
    
    Date: 30-10-2021
    Business: Both parties and their advocates present.
    For evidence.
    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 absent but lateron Ld. Adv. for accused remained present. For evidence.
    Next Purpose: FOR HEARING
    Next Hearing Date: 07-12-2021
    
    Date: 07-12-2021
    Business: AS PER ROZNAMA
    Next Purpose: FOR HEARING
    Next Hearing Date: 03-01-2022
    
    Date: 03-01-2022
    Business: Complainant and his Adv. present.
    Accused absent. Adv. for accused present.
    For further examination in chief.
    Matter is fixed on 27-01-2022, in 1st session.
    Next Purpose: PART HEARD
    Next Hearing Date: 27-01-2022
    
    Date: 27-01-2022
    Business: Complainant present.
    Next Purpose: PART HEARD
    Next Hearing Date: 24-02-2022
    
    Date: 24-02-2022
    Business: Complainant present with advocate. Exh. - 20 - Accused absent and exempted. Ld. Adv. for accused present.
    Next Purpose: PART HEARD
    Next Hearing Date: 23-03-2022
    
    Date: 23-03-2022
    Business: Complainant and his adv. present.
    Accused absent. Adv. for accused present.
    Exh. No. 21 - An application by Adv. for accused for exemption. O - Granted for today only.
    For further examination in chief.
    Next Purpose: PART HEARD
    Next Hearing Date: 20-04-2022
    
    Date: 20-04-2022
    Business: Complainant present. Ld. Adv. for complainant present. Accused Present.  Ld. Adv. for accused present.
    Exh - 22 - App for prepending Hearing date. O - Seen.
    Next Purpose: PART HEARD
    Next Hearing Date: 13-06-2022
    
    Date: 13-06-2022
    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
    Next Hearing Date: 24-08-2022
    
    Date: 24-08-2022
    Business: Complainant present.  Ld. Adv. for complainant present.   Accused and Ld. Adv. for accused Present.
    Exh.No-12.Contd.Page No-8.
    On S.A.further examination-in-chief of Nasira Shaikh by Advocate Madhav Shaha for the complainant.
    Exh- 12 - affidavit  examination-in-chief, contents are ture and correct.
    Exh - 13 - filed document along with list.
    Ld. Adv Vishal Ghogale for accused has denied all the documents and raised objection to give exhibit numbers.
    Exh - 24 - Bank Statement.
    Exh - 25 - Original cheque.
    Exh - 26 - Cheque depositing slip.
    Article-A - cheque returned memo.
    Article-B - Xerox copy of newspaper.
    Exh - 27 -  Legal notice.
    Exh - 28 - Postal receipt.
    Article - C - Postal track report.
    Exh - 29 collectively - Certifed copy of complainant in various matters registered against accused.
    Cross-examination by Adv. Vishal Ghogale 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: 27-09-2022
    
    Date: 27-09-2022
    Business: Complainant Present. Ld Adv. for complainant present.
    Accused Present. Ld Adv. for accused present.
    EXh - 30 - App for adjournment on behalf of accused. O - Adjourment granted as a last chance subject to cost of Rs.500/- payable by accused to complainant.
    Exh - 31 - App for issue NBW.
    O - Put up for order on next date.
    Next Purpose: PART HEARD
    Next Hearing Date: 14-10-2022
    
    Date: 14-10-2022
    Business: Complainant Present. Ld Adv. for complainant present.
    Accused Present. Ld Adv. for accused absent.
    Exh - 32 - App for Adjournment on behalf of accused. O - Adjournment granted as a last chance subject to cost of Rs.1000/-
    Next Purpose: PART HEARD
    Next Hearing Date: 15-12-2022
    
    Date: 15-12-2022
    Business: Complainant and her Adv. present.
    Accused and her Adv. absent.
    Exh. No. 33 - An application by Adv. for complainant for passing no cross of the complainant. O - Allowed.
    Cross examination by Adv. for accused.
    Accused and his Adv. absent. Hence, matter to proceed without cross.
    Exh. No. 34 - An application by Adv. for complainant for issuing NBW against accused. O - Issue NBW against accused.
    Later on Accused and her Adv. was present.
    Exh. No. 35 - V. P. filed by Adv. for accused. O - Seen.
    Exh. No. 36 - An application by Adv. for complainant for issuing NBW against accused. O - NBW against accused stands cancelled.
    For further evidence.
    Next Purpose: PART HEARD
    Next Hearing Date: 24-01-2023
    
    Date: 24-01-2023
    Business: Complainant Present. Ld Adv. for complainant present.
    Accused Present. Ld Adv. for accused present.
    Exh - 37 - App for issue witness summons to concern bank
    O - Issue Summons to bank witness to appear along with disputed cheque, details accused statement memo etc.
    Next Purpose: PART HEARD
    Next Hearing Date: 28-02-2023
    
    Date: 28-02-2023
    Business: Complainant Present. Ld Adv. for complainant present. Bank witness is present.
    Accused Present. Ld Adv. for accused present.
    Exh.No. 38
    Deposition of witness No. 2 on behalf of complainant.
    On S.A. Examination-in-chief by Advocate Ajinkya Gangurde for the complainant.
    Cross-examination by Adv. Sarita Tripathi for accused.
    Cross-examination is over.
    No re-examination.
    Exh - 39 - List of document of Bank witness O - Seen.
    Exh - 40 - App for set-aside no cross order .O - Other side to say.
    Next Purpose: PART HEARD
    Next Hearing Date: 12-04-2023
    
    Date: 12-04-2023
    Business: Complainant Present. Ld Adv. for complainant present.
    Accused absent. Ld Adv. for accused absent.
    Exh - 44 - App for issue NBW against the accused. O - issue NBW  against the accused.
    Later on Accused Present. Ld Adv. for accused present.
    Exh - 45 - App for cancellation of warrant.
    O - NBW against accused stand cancelled on admonition.
    Exh - 46 - App for bring the postal the report of the postal on record
    O - Allowed to produce on record.
    Exh - 47 - Purses for closing evidence.
    O - Seen.
    Next Purpose: FOR STATEMENT U/sec 313
    Next Hearing Date: 10-05-2023
    
    Date: 10-05-2023
    Business: Complainant Present. Ld Adv. for complainant present.
    Accused absent. Ld Adv. for accused present.
    Exh - 48 - App for issue NBW against the accused. O - issue NBW  against the accused.
    Later on Accused Present.
    Order below Exh - 43 -
    Order - Perused application. There is no proper reasons for not conduct cross. still in the interest of Justus bi cross is set aside subject to cost of Rs.3000/- payable by accused to complainant.
    Exh - 49 - App for cancellation of warrant.
    NBW against accused stand cancelled on admonition.
    Next Purpose: PART HEARD
    Next Hearing Date: 12-06-2023
    
    Date: 12-06-2023
    Business: Complainant Present. Ld Adv. for complainant present.
    Accused Present. Ld Adv. for accused absent.
    Exh - 50 - App for adjournment on behalf of Accused . o -  No Proper resonance for Adjournment hence rejected.
    Exh. No. 12 contd. Page No.09.
    On S.A. cross-examination of Nasira Shaikh by Advocate for accused.
    Inspite of opportunity given, accused did not conduct cross-examination.  Hence, matter to proceed without cross-examination .
    No Cross-examination.
    Next Purpose: PART HEARD
    Next Hearing Date: 30-06-2023
    
    Date: 30-06-2023
    Business: Complainant Present. Ld Adv. for complainant present.
    Accused absent. Ld Adv. for accused absent.
    Exh - 51 - App for issue NBW against the accused. O - issue NBW  against the accused.
    Exh - 52 - Purses of closing evidence
    O - Seen.
    Exh - 53 - Vakalatanama. O - Seen.
    Exh - 54 - List of Documents
    O - Seen.
    Exh - 55 - App for cancellation of Warrant.
    O - NBW against the accused is suspended till next date on condition that on next date accused should remain present before the court.
    Exh - 56 - App for set aside no cross order. O - Other side to say.
    Next Purpose: FOR STATEMENT U/sec 313
    Next Hearing Date: 03-08-2023
    
    Date: 03-08-2023
    Business: Complainant Present. Ld Adv. for complainant present.
    Accused absent. Ld Adv. for accused absent.
    Exh - 57 - Reply on to set aside no cross order. O - Seen.
    Order - Complainant and her advocate Present. Accused and her adv absent. In order to decide this matter on merit no cross order set aside subject to cost of Rs.3000/- payable by accused to complainant and on condition that he should conduct cross today itself.
    Later on Accused Present. Ld Adv. for accused present.
    Exh - 58 - App for compounding of offense. O - Complainant to say.
    Exh - 59 - List of document. O - Seen.
    Next Purpose: PART HEARD
    Next Hearing Date: 07-09-2023
    
    Date: 07-09-2023
    Business: Metropolitan Magistrate is on leave, 1st session charge with Ld. Metropolitan Magistrate, 44th Court, Andheri, Mumbai.
    Next Purpose: PART HEARD
    Next Hearing Date: 13-10-2023
    
    Date: 13-10-2023
    Business: Complainant Present. Ld Adv. for complainant present.
    Accused absent. Ld Adv. for accused absent.
    Exh - 60 - Reply to the application of the accused for compounding of office.
    O - Seen.
    Exh - 61 - App for issue NBW against the accused. O - issue NBW  against the accused.
    Later on Accused Present. Ld Adv. for accused present.
    Exh - 62 - App for cancellation of warrant.
    O - NBW cancelled against accused application Immediately on the same date.
    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 Present. Ld Adv. for complainant present.
    Accused Present. Ld Adv. for accused present.
    Exh - 63 - Consent Terms.
    O - Verified content and sign of both parties their advocate they admitted  hence accepted.
    Next Purpose: PART HEARD
    Next Hearing Date: 31-01-2024
    
    Date: 31-01-2024
    Business: Complainant Present. Ld Adv. for complainant present.
    Accused absent. Ld Adv. for accused present.
    Exh - 64 - App for exemption on behalf of accused. O - Granted.
    Exh - 65 - App for production of document
    O - Seen.
    Next Purpose: PART HEARD
    Next Hearing Date: 28-02-2024
    
    Date: 28-02-2024
    Business: Metropolitan Magistrate is on leave, charge with  Metropolitan Magistrate, 44th Court, Andheri, Mumbai. Case is adjourned next date
    Next Purpose: PART HEARD
    Next Hearing Date: 14-03-2024
    
    Date: 14-03-2024
    Business: Complainant Present. Ld Adv. for complainant present.
    Next Purpose: PART HEARD
    Next Hearing Date: 21-03-2024
    
    Date: 21-03-2024
    Business: Complainant Present. Ld Adv. for complainant present.
    Accused absent. Ld Adv. for accused absent.
    Exh - 67 - App for issue NBW against the accused. O - issue NBW  against the accused.
    Next Purpose: PART HEARD
    Next Hearing Date: 01-04-2024
    
    Date: 01-04-2024
    Business: Metropolitan Magistrate is on leave, charge with  Metropolitan Magistrate, 44th Court, Andheri, Mumbai. Case is adjourned next date
    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 absent.
    Exh - 68 -  App for issue NBW against the accused. O - issue NBW  against the accused.
    Next Purpose: PART HEARD
    Next Hearing Date: 14-06-2024
    
    Date: 14-06-2024
    Business: Complainant absent. Ld Adv for complainant Present.
    Accused absent. Ld Adv for accused absent.
    Exh - 69 - App for issue of NBW against the accused. O - Accused is absent, no application for exemption, issue NBW against the accused
    Later on Accused absent. Ld Adv for accused Present.
    Exh - 70 - App for cancellation of warrant.
    O - Accused is present, NBW is cancelled.
    Exh - 71 - App for permission of copy of DD 1,50,000/-
    Next Purpose: PART HEARD
    Next Hearing Date: 06-09-2024
    
    Date: 06-09-2024
    Business: Complainant Present. Ld Adv for complainant Present.
    Accused absent. Ld Adv for accused Present.
    Exh - 70 - App for payment of receipt
    O - filed.
    Next Purpose: PART HEARD
    Next Hearing Date: 28-09-2024
    
    Date: 28-09-2024
    Business: ORDER BELOW EXH -1
    The Complainant is present. Matter is settled between the parties in Lok-Adalat. Accordingly accused acquitted. Bail bonds, if any, stands cancelled. The case stands disposed off in Lok-Adalat.
    The Complainant is entitled to get refund of full court fees amount, if paid, i.e. 100percent as per the provision of section 89 of Cr.P.C.
    Nature Of Disposal: WITHDRAWN DURING OR AFTER EVIDENCE
    Disposal Date: 28-09-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 11998/2018
    Filing Date: 27-09-2018
    First Hearing Date: 01st November 2018
    Decision Date: 28th September 2024
    Court Number And Judge: 48-Judicial Magistrate (First Class), 48th Court

    Orders

    1
    Final Order 1
    28 Sept 2024
    Order Details: Copy  of Judgment
    Pdf Text: C.C. No. 3878/SS/2018
    ORDER BELOW EXH.-1
    The Complainant is present. Matter is settled between the parties in Lok-Adalat.
    Accordingly accused acquitted. Bail bonds, if any, stands cancelled. The case stands disposed
    off in Lok-Adalat.
    The complainant is entitled to get refund of full court fees amount, if paid, i.e.
    100% as per the provision of section 89 of Cr. P. C.
    Sd/-
    (Y. P. PUJARI)
    Judicial Magistrate (First Class)
    48th Court, Andheri, Mumbai
    28/09/2024
    -- 1 of 1 --

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