Date: 21-11-2018
Business: Adv. for compt. pt. Verification recorded. Documents verified. for arguments on the point of partnership of accd.
Next Purpose: FOR VERIFICATION
Next Hearing Date: 14-03-2019
Date: 14-03-2019
Business: Adv. for compt. pt. Heard arg. on process. for order.
Next Purpose: FOR VERIFICATION
Next Hearing Date: 18-03-2019
Date: 18-03-2019
Business: Adv. for compt. pt. 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: 08-04-2020
Date: 08-04-2020
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: 17-08-2020
Date: 17-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 20-01-2021
Date: 20-01-2021
Business: Court is vacant. Board discharged.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 26-04-2021
Date: 26-04-2021
Business: Court is vacant. Charge is with the Hon''ble Addl. Chief Metropolitan Magistrate, 22nd Court, Andheri, Mumbai. As per Office Circular bearing No. CMM/OC/11/2021, office of the Hon''ble C. M. M., Esplanade, Mumbai dated 22/04/2021 board is discharged.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 02-08-2021
Date: 02-08-2021
Business: Complainant absent. Ld. Adv. for the complainant present. Exh. - 05 - An application for issue of fresh summons, the same is granted. For report of summons and steps thereon.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 23-09-2021
Date: 23-09-2021
Business: Complainant and Ld. Adv. for complainant absent. Ld. Adv. for accused Nos. 02 to 04 present and filed vakalatnama (Exh. - 06) for accused Nos. 02 to 04. Exh. - 07 - Exemption application of accused Nos. 02 to 04 is granted for today only. For steps.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 09-10-2021
Date: 09-10-2021
Business: Complainant absent. Ld. Adv. for complainant present. Exh. - 08 - Accused absent and exempted. Ld. Adv. for complainant present. For steps.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 11-10-2021
Date: 11-10-2021
Business: Complainant absent. Ld. Adv. for the complainant present. Accused Nos. 02 to 04 present. Ld. Adv. for accused Nos. 02 to 04 present. Exh. - 09 - Vakalatnama filed by the Ld. Adv. for accused Nos. 01 to 04. Exh. - 10 - An application for bail. - O - Accused Nos. 02 to 04 are released on executing PR Bond and SB of R. 15000/- each. Exh. - 11 - An application by Ld. Adv. for accused for PR Bond in lieu of surety. - O - Accused Nos. 02 to 04 are released on executing P. R. Bond till next date. Exh. - 12 to Exh. - 14 - Provisional PR Bonds of Accused Nos. 02 to 04 amounting Rs. 15000/- each. Exh. - 15 - Plea of accused Nos. 01 to 04 is recorded. They pleaded not guilty to the charge. Exh. - 16 - An application under section 143 - A of N. I. Act by Ld. Adv. for complainant. For steps in view of Exh. 16 and for evidence.
Next Purpose: FOR HEARING
Next Hearing Date: 18-11-2021
Date: 18-11-2021
Business: Complainant present. Ld. Adv. for complainant present. Accused absent. Ld. Adv. for accused present. For Evidence.
Next Purpose: FOR HEARING
Next Hearing Date: 15-12-2021
Date: 15-12-2021
Business: Complainant absent his adv. present Accused absent his adv. present Exh-18 Application for extension to the time for furnishing the surety. O- Time granted.
Exh-19 Application for exemption. O- Seen.
Next Purpose: FOR HEARING
Next Hearing Date: 07-01-2022
Date: 07-01-2022
Business: Complainant and his Adv. present.
Accused absent. Adv. for accused present.
Exh. No. 23 - An application by Adv. for accused for exemption. O - Granted for today only.
Exh. No. 24 - An application by Adv. for accused for extension of time to furnish surety. O - Granted.
Exh. No. 25 - Reply on behalf of accused to the application dt. 11-10-2021 filed by complainant. O - Seen.
Next Purpose: FOR HEARING
Next Hearing Date: 11-02-2022
Date: 11-02-2022
Business: Complainant absent. Ld. Adv. for complainant present. Accused absent. Ld. Adv. for accused absent.
Next Purpose: PART HEARD
Next Hearing Date: 08-03-2022
Date: 08-03-2022
Business: Complainant absent. Ld. Adv. for complainant present. Exh. - 26 - Accused Nos. 02 to 04 absent and exempted. Ld. Adv. for accused present. Exh. - 27 - An application by Ld. Adv. for accused to extedn time to furnish surety and the same is allowed. Exh. - 28 - Written submission filed by Ld. Adv. for complainant on an application filed under section 143-A of N. I. Act. - O - Seen. Order passed below Exh. 16 that, the same is allowed.
Next Purpose: PART HEARD
Next Hearing Date: 11-04-2022
Date: 11-04-2022
Business: complainant and his Adv. present.
Accused absent. Adv. for accused present.
Exh. No. 29 - An application by Adv. for accused for exemption. O - Granted for today only.
Exh. No. 30 - Additional affidavit in lieu of evidence U/sec. 145(1).
Exh. No. 31 - List of documents. O - Call say of accused about admissibility of documents.
Next Purpose: PART HEARD
Next Hearing Date: 30-04-2022
Date: 30-04-2022
Business: Adv. for complainant present.
Adv. for accused present.
Exh. No. 32 - An application by Adv. for complainant for exemption. O - Adj. granted as a last chance.
Exh. No. 33 - 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: 21-06-2022
Date: 21-06-2022
Business: Complainant present. Ld. Adv. For Complainant present. Accused Absent Ld. Adv. for accused Present.
Exh - 34 - App for exemption of accused.
O - Granted.
Exh - 35 - App for issue of warrant for levy of fine on behalf of the complainant. O - Issue recovery warrant as prayed.
Next Purpose: PART HEARD
Next Hearing Date: 03-08-2022
Date: 03-08-2022
Business: Complainant absent. Ld. Adv. for complainant present. Accused absent Ld. Adv. for accused Present.
Exh - 36 - App for exemption of accused.
O - Granted.
Next Purpose: PART HEARD
Next Hearing Date: 15-09-2022
Date: 15-09-2022
Business: Complainant present. Ld Adv. for Complainant Present.
Accused absent. Ld Adv. for accused present.
Exh.No.19 contd. Page No-6.
On S.A.further examination-in-chief of Jaspal singh by Advocate Riya Sinkar for the complainant.
Exh - 19 - Filed affidavit of examination-in-chief, Contents are true and correct.
Exh - 20 - Filed document along with list.
Ld. Advocate Subhash Upadhay for accused has denied all the documents.
Article-A - Xerox copy of leave and license agreement.
Exh - 38 - Original cheque
Exh - 39 - Cheque returned memo.
Exh - 40 - Office copy of notice.
Exh - 41 to 44 - Postal receipts.
Exh - 45 and 46 - Copy of GST certificate and postal track report along with certificate u/sec 65(B) of Evidence Act
Cross-examination by Advocate Subhash Upadhays for accused
On oral request of advocate for accused, cross-examination is differed till next date.)
Next Purpose: PART HEARD
Next Hearing Date: 02-11-2022
Date: 02-11-2022
Business: Complainant and his Adv. present.
Accused absent. Adv. for accused present.
Exh. No. 47 - An application by Adv. for accused for exemption. O - Granted for today only.
Exh. No. 48 - An application by Adv. for accused for taking on record D. D. Amount of Rs. 108000/-
Exh. No. 49 - An application by Adv. for accused for adjournment. O - O. S. to say.
Exh. No. 50 - Say filed by Adv. for complainant. O - Seen.
Order passed on Exh. No. 49 - Complainant present. No proper reason for adjournment, still adjournment granted as a last chance.
For cross-examination.
Next Purpose: PART HEARD
Next Hearing Date: 08-12-2022
Date: 08-12-2022
Business: Complainant absent. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused present.
Exh - 51- Warrant executed for recovery warrant on behalf of collector office.
Rs.108000/- is recovery.
O - JC to Comply.
Exh - 52 - App for exemption on behalf of accused. O - Granted.
Exh - 53 - App for adjournment of the complainant. O - Adjournment granted as a last chance.
Exh - 52 -
Next Purpose: PART HEARD
Next Hearing Date: 24-01-2023
Date: 24-01-2023
Business: Complainant absent. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused present.
Exh - 54 - App for exemption on behalf of accused. O - Granted.
Next Purpose: PART HEARD
Next Hearing Date: 10-02-2023
Date: 10-02-2023
Business: Complainant Present. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused present.
Exh.No. 19 contd. Page No.07.
On S.A.cross-examination of Jaspal Singh by Adv. Subhash Upadhayay for accused
Inspite of opportunity given, Ld. Advocate for accused did not conduct cross-examination. Hence matter to proceed without cross-examination.
No cross-examination.
Next Purpose: PART HEARD
Next Hearing Date: 14-02-2023
Date: 14-02-2023
Business: Complainant Present. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused present.
Exh - 55 - Purses of closing of evidence.
O - Seen.
Exh - 56 - App for placing before lok-adalat. O - Seen.
Exh - 57 - App for Produce the D.D.
O - Allowed to produced.
Exh - 58 - App for withdrawal of 20/- interim compensation u/sec 143 NI Act.
O - Other side to say.
O - Amount of 20 percent of cheque amount, if deposited the accused then it be given to the complainant on verification of his identity.
Exh - 59 - Statement of accused u/sec 313 of Cr.P.C. recorded.
Exh - 60 - App for exemption on behalf of accused. O - Granted.
Next Purpose: PART HEARD
Next Hearing Date: 14-03-2023
Date: 14-03-2023
Business: Accused Present. Ld Adv. for accused present.
Exh - 52 - App to take the matter on board.
O - Allwoed.
Next Purpose: PART HEARD
Next Hearing Date: 30-04-2023
Date: 30-04-2023
Business: Matter is not settled in both the parties, hence put up before regular court
Next Purpose: PART HEARD
Next Hearing Date: 09-09-2023
Date: 09-09-2023
Business: Matter is not settled in both the parties, hence put up before regular court
Next Purpose: PART HEARD
Next Hearing Date: 13-10-2023
Date: 13-10-2023
Business: Complainant absent. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused present.
Next Purpose: PART HEARD
Next Hearing Date: 18-12-2023
Date: 18-12-2023
Business: Complainant absent. Ld Adv. for complainant absent.
Accused absent. Ld Adv. for accused present.
Exh - 55 - App for exemption on behalf of accused. O - Granted.
Next Purpose: PART HEARD
Next Hearing Date: 29-01-2024
Date: 29-01-2024
Business: Complainant absent. Ld Adv. for complainant absent.
Accused absent. Ld Adv. for accused present.
Next Purpose: PART HEARD
Next Hearing Date: 03-03-2024
Date: 03-03-2024
Business: Matter is not settled in both the parties, hence put up before regular court
Next Purpose: PART HEARD
Next Hearing Date: 01-06-2024
Date: 01-06-2024
Business: Accused absent. Ld Adv. for accused Present.
Next Purpose: PART HEARD
Next Hearing Date: 11-07-2024
Date: 11-07-2024
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: PART HEARD
Next Hearing Date: 20-08-2024
Date: 20-08-2024
Business: Both Parties absent. Case is adjourned next date
Next Purpose: PART HEARD
Next Hearing Date: 11-10-2024
Date: 11-10-2024
Business: Both Parties absent. Case is adjourned next date
Next Purpose: PART HEARD
Next Hearing Date: 10-01-2025
Date: 10-01-2025
Business: Complainant absent. Ld Adv for complainant Present.
Next Purpose: PART HEARD
Next Hearing Date: 17-03-2025
Date: 17-03-2025
Business: Both parties absent Case adjourned for next date.
Next Purpose: PART HEARD
Next Hearing Date: 09-05-2025
Date: 09-05-2025
Business: Judicial Magistrate (First Class) 48th court, is on Concession leave charge with Judicial Magistrate (first Class) 63th Court, Andheri , Mumbai.
Next Purpose: PART HEARD
Next Hearing Date: 11-07-2025
Date: 11-07-2025
Business: Both parties absent Case adjourned for next date.
Next Purpose: PART HEARD
Next Hearing Date: 09-09-2025
Date: 09-09-2025
Business: Both parties absent Case adjourned for next date.
Next Purpose: PART HEARD
Next Hearing Date: 07-11-2025
Date: 07-11-2025
Business: Both parties absent Case adjourned for next date.
Next Purpose: PART HEARD
Next Hearing Date: 19-12-2025
Date: 19-12-2025
Business: Both parties absent Case adjourned for next date.
Next Purpose: PART HEARD
Next Hearing Date: 25-02-2026
Date: 25-02-2026
Business: Issue notice to Complainant.
Next Purpose: PART HEARD
Next Hearing Date: 12-03-2026
Date: 12-03-2026
Business: Accused absent. Ld Adv for accused Present
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 06-04-2026
Date: 06-04-2026
Business: Order Below Exh-1
Today matter is posted for final argument. It seems form the record that, the complainant has filed evidence close purses below Exh - 55 on 14/02/23 and thereafter, the statement of accused u/sec 313 of code of criminal procedure came to be recorded on 14/02/23. Today both the parties are absent. No application has filed. Matter is of the year 2018. Sufficient opportunity have been granted to both the parties. Therefore, matter should be posted for final Judgement.
Next Purpose: FOR JUDGMENT
Next Hearing Date: 20-04-2026
Date: 20-04-2026
Business: Both parties absent Case adjourned for next date.
Next Purpose: FOR JUDGMENT
Next Hearing Date: 25-04-2026
Date: 25-04-2026
Business: Order Below Exh-56
1. Accused No. 2. Mr. Jagmohan Agarwal, accused No. 3. Mr. Shubham Agarwal and accused No.4. Mr. Ankush Agarwal- Partner of accused No.1.M/s. Shree Shyam Hospitality, Age Adult, are convicted under Section 255 (2) of the Code of Criminal Procedure, 1973 for an offence punishable under Section 138 r/w. 141 of the Negotiable Instruments Act, 1881 and sentenced to suffer simple Imprisonment for two months each.
2. Accused are directed to pay compensation jointly or severally Rs. 9,08,550/- Rs. Nine Lacs Eight Thousand Five Hundred Fifty Only to the complainant within three months from today, in default to suffer Simple Imprisonment for two months each.
3. Accused to surrender to their 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 their 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: 25-04-2026
