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DIWAKAR DWIVEDIVsCURIO FINANCE AND INVESTMENT PVT. LTD +2 more

CNR MHMM19010447201848-Judicial Magistrate (First Class), 48th Court
CASE DISPOSED
Contested--ACQUITTED
Decision Date: 10th May 2024

TrustJury record updated 25 Sept 2026

Case Overview

Registration Number
3731/2018
Registration Date
18 Sept 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    4

    Acts & Sections

    1
    NEGOTIABLE INSTRUMENTS ACT · Sec 138

    Case History / Proceedings

    Case History
    Date: 15-02-2019
    Business: Adv. for compt. ab. for steps.
    Next Purpose: NOT HEARD AT 2.45 P.M.
    Next Hearing Date: 03-06-2019
    
    Date: 03-06-2019
    Business: Adv. for compt. pt. Ex.5- Appln. for fresh summons-Issue. for report of summons.
    Next Purpose: NOT HEARD AT 2.45 P.M.
    Next Hearing Date: 30-07-2019
    
    Date: 30-07-2019
    Business: LD. M.M. is on leave. Charge with LD.M.M. 63rd court. Board discharged.
    Next Purpose: NOT HEARD AT 2.45 P.M.
    Next Hearing Date: 15-10-2019
    
    Date: 15-10-2019
    Business: Ld. M.M. is on leave. Board Discharged.
    Next Purpose: NOT HEARD AT 2.45 P.M.
    Next Hearing Date: 09-01-2020
    
    Date: 09-01-2020
    Business: Adv. for compt. pt. Ex. 6-Appln. for B/W - Comptt. to file service affidavit on next date.
    Ex.7-Affidavit.
    for order on appln. Ex. 6.
    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: 13-01-2021
    
    Date: 13-01-2021
    Business: Court is vacant. Board discharged.
    Next Purpose: NOT HEARD AT 2.45 P.M.
    Next Hearing Date: 05-05-2021
    
    Date: 05-05-2021
    Business: Court is vacant. Charge is with the Honorable Metropolitan Magistrate, Railway Mobile 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: NOT HEARD AT 2.45 P.M.
    Next Hearing Date: 31-07-2021
    
    Date: 31-07-2021
    Business: Both parties absent.
    Next Purpose: NOT HEARD AT 2.45 P.M.
    Next Hearing Date: 16-10-2021
    
    Date: 16-10-2021
    Business: As per Chief Metropolitan Magistrate''s Office order no. Estt16/1692/2021, dt. 13-10-2021, Board is discharged, and cases are adjourned to 23-10-2021
    Next Purpose: NOT HEARD AT 2.45 P.M.
    Next Hearing Date: 23-10-2021
    
    Date: 23-10-2021
    Business: Complainant present his adv. present accused absent his adv. absent Exh-08 Application for issue BWT against the accused no. 02 and 03. O- Issue Bwt of Rs 10000/- against accused. for report.
    Next Purpose: NOT HEARD AT 2.45 P.M.
    Next Hearing Date: 06-12-2021
    
    Date: 06-12-2021
    Business: Accused and his Adv. present.
    Exh. No. 9 - Vakalatnama. O - Seen.
    Exh. No. 10 - An application for bail. O - Accused nos. 2 and 3 are released on bail on executing PR and cash security of Rs. 5000/-. Exh. No. 11 - An application for cancellation of warrant. O - NBW against accused stands cancelled on admonition.
    Exh. No. 12 - PR bond of accused no. 2.
    Exh No. 13 - PR bond of Accused no. 3.
    Exh. No. 14 - Plea of accused.
    For evidence.
    Next Purpose: FOR HEARING
    Next Hearing Date: 29-12-2021
    
    Date: 29-12-2021
    Business: Complainant and his Adv. present.
    Accused absent. Adv. for accused present.
    Exh. No. 15 - An application by Adv. for accused for exemption. O - Granted.
    Exh. No. 16 - An affidavit in lieu of examination in chief. O - Read and recorded.
    Exh. No. 17 - List of documents. O - Call say of accused about admissibility of documents.
    For Further examination-in-chief.
    Next Purpose: PART HEARD
    Next Hearing Date: 18-01-2022
    
    Date: 18-01-2022
    Business: Complainant absent. Ld. Adv. for complainant present. Accused and Ld. Adv. for accused absent.
    Next Purpose: PART HEARD
    Next Hearing Date: 17-02-2022
    
    Date: 17-02-2022
    Business: Complainant absent, his Adv. present.
    Accused absent. Adv. for accused present.
    Exh. No. 18 - An application by Adv. for complainant for adjournment. O - Adj. granted as a last chance.
    Exh. No. 19 - An application by Adv. for accused no. 2 and 3 for exemption. O - Granted.
    Next Purpose: PART HEARD
    Next Hearing Date: 07-03-2022
    
    Date: 07-03-2022
    Business: Complainant present his adv. present Accused absent his adv. present Exh-19 Application for exemption for accused. O- Granted. Exh-20 Application for exemption accused no. 02 and 03. O- granted. Exh-16 conted. further examination in chief of divakar divedi. Exh-17 List of documents. Article -A Copy of receipt. Exh-21 Original cheque. Exh-22 Cheque returned meno. Exh-23 Office copy on notice Exh-24 to 26 Postal reeipts. Exh-27 to 29 Returned envelope. Exh-30 Notice from envelope at Exh-27.
    on oral request of adv for accused, cross examination is deferred till next date.
    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. 20 - An application by Adv. for accused for exemption. O - Granted.
    On S. A. further cross-examination of Divakar Dwivedi by Adv. Shrinivas Singh for accused.
    Cross-examination is over.
    No re-examination.
    Next Purpose: PART HEARD
    Next Hearing Date: 29-03-2022
    
    Date: 29-03-2022
    Business: Adv. for complainant present.
    Adv. for accused present.
    Exh.No. 21 - An application by Adv. for complainant for adjournment. O - Adj. granted as prayed.
    Next Purpose: PART HEARD
    Next Hearing Date: 11-04-2022
    
    Date: 11-04-2022
    Business: Adv. for complainant present.
    Adv. for accused present.
    Exh. No. 22 - An affidavit in lieu of examination in chief of C. W. No. 2. O - Read and recorded. Witness absent today.
    Exh. No. 23 -List of documents. O - Accused to say.
    Exh. No. 24 - An application by Adv. for accused for exemption. O - Granted.
    Next Purpose: PART HEARD
    Next Hearing Date: 11-05-2022
    
    Date: 11-05-2022
    Business: Complainant absent. Ld. Adv. for complainant present. Accused absent. Ld. Adv. for accused present.
    Exh - 25 - App for adjournment.
    O - Adjournment granted as last chance.
    Next Purpose: PART HEARD
    Next Hearing Date: 10-06-2022
    
    Date: 10-06-2022
    Business: Complainant absent. Ld. Adv. for complainant present.
    Accused absent. Ld. Adv. for accused present.
    Exh - 26 - App for exemption of accused no-2. O - Granted.
    Next Purpose: PART HEARD
    Next Hearing Date: 08-08-2022
    
    Date: 08-08-2022
    Business: Adv. for complainant present.
    Adv. for accused present.
    Exh - 56 - App for exemption of accused no-1 and 2.
    O - Exemption granted last chance.
    Exh - 57 - App for exemption of accused no-3 and 4.  O - Exemption granted last chance.
    Next Purpose: PART HEARD
    Next Hearing Date: 17-09-2022
    
    Date: 17-09-2022
    Business: Ld.Metropolitan Magistrate is on Leave, in 1st session charge with Ld. Metropolitan, Railway Mobile court, Andheri, Mumbai.
    Next Purpose: PART HEARD
    Next Hearing Date: 05-11-2022
    
    Date: 05-11-2022
    Business: Ld. Metropolitan Magistrate, 48th court, Andheri, Mumbai is on leave. Charge with Ld. Metropolitan Magistrate, 44th Court, Andheri, Mumbai. Hence, Board Discharged.
    Next Purpose: PART HEARD
    Next Hearing Date: 07-01-2023
    
    Date: 07-01-2023
    Business: Complainant Present. Ld Adv. for complainant present.
    Accused absent. Ld Adv. for accused present.
    Exh.No.33 contd. Page No-05.
    On S.A.further examination-in-chief of K.R.Tiwari by Adv. sejal prajapati holing for Adv. Darshana singh for the complainant.
    Exh - 33 - affidavit of examination-in-chief, contents true and correct.
    Exh - 34 - filed document along with list.
    Ld.Advocate srinivas singh for accused has denied the document and raised objection to give exhibit number. I have produced on record receipt dated 31/03/2016, it is in handwriting.  it is signed by Mannan Shaikh accused no-2  Contents therein are ture and correct.
    It is marked as Exh-38.
    Cross-examination by ADv. Srinivas Singh for accused.
    Cross-examination is over.
    No re-examination.
    Exh - 39 - App for exemption on behalf of accused no-2 and 3. O - Granted for today only.
    Next Purpose: PART HEARD
    Next Hearing Date: 04-02-2023
    
    Date: 04-02-2023
    Business: Complainant Present. Ld Adv. for complainant present.
    Accused absent. Ld Adv. for accused present.
    Exh - 40 - Purses of closing evidence.
    O - Seen.
    Exh - 41 - App for exemption on behalf of accused no-2 and 3. O - Granted.
    Next Purpose: FOR STATEMENT U/sec 313
    Next Hearing Date: 24-02-2023
    
    Date: 24-02-2023
    Business: Both Parties absent. Case is adjourned next date
    Next Purpose: FOR STATEMENT U/sec 313
    Next Hearing Date: 30-03-2023
    
    Date: 30-03-2023
    Business: Complainant absent. Ld Adv. for complainant present.
    Accused Present. Ld Adv. for accused present.
    Exh - 42 - Statement of accused Shaikh Mannan Jabbar shaikh  u/sec 313 of Cr.P.C. recorded
    Exh - 43 - Statement of accused Aftab Mannan  shaikh  u/sec 313 of Cr.P.C. recorded
    Next Purpose: FOR ARGUMENTS
    Next Hearing Date: 15-04-2023
    
    Date: 15-04-2023
    Business: Metropolitan Magistrate is on leave, charge with  Metropolitan Magistrate, 10th Court, Andheri, Mumbai.
    Next Purpose: FOR ARGUMENTS
    Next Hearing Date: 06-05-2023
    
    Date: 06-05-2023
    Business: Complainant absent. Ld Adv. for complainant present.
    Accused absent. Ld Adv. for accused present.
    Exh - 44 - Written argument on behalf of Accused. O - Read and Record.
    Next Purpose: FOR ARGUMENTS
    Next Hearing Date: 12-05-2023
    
    Date: 12-05-2023
    Business: Complainant absent. Ld Adv. for complainant present.
    Accused absent. Ld Adv. for accused present.
    Exh - 45 - App for adjournment on behalf of complainant. o - Adjournment granted as a last chance
    Next Purpose: FOR ARGUMENTS
    Next Hearing Date: 17-06-2023
    
    Date: 17-06-2023
    Business: Complainant absent. Ld Adv. for complainant present.
    Accused absent. Ld Adv. for accused present.
    Exh - 46 - App for adjournment on behalf of complainant. o - Adjournment granted as a last chance
    Next Purpose: FOR ARGUMENTS
    Next Hearing Date: 15-07-2023
    
    Date: 15-07-2023
    Business: Complainant absent. Ld Adv. for complainant present.
    Accused absent. Ld Adv. for accused present.
    Next Purpose: FOR ARGUMENTS
    Next Hearing Date: 05-08-2023
    
    Date: 05-08-2023
    Business: Complainant absent. 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: FOR ARGUMENTS
    Next Hearing Date: 02-09-2023
    
    Date: 02-09-2023
    Business: Complainant absent. Ld Adv. for complainant present.
    Accused Present. Ld Adv. for accused present.
    Exh - 47 - Reply on behalf of accused.
    O - Seen.
    Exh - 48 - App for 311 of Cr.P.C.
    O - Other side to say.
    Next Purpose: FOR ARGUMENTS
    Next Hearing Date: 07-10-2023
    
    Date: 07-10-2023
    Business: Metropolitan Magistrate is on leave, charge with  Metropolitan Magistrate, 10th Court, Andheri, Mumbai.
    Next Purpose: FOR ARGUMENTS
    Next Hearing Date: 02-12-2023
    
    Date: 02-12-2023
    Business: Adv. for complainant present.
    Adv. for accused present.
    Exh. No. 49 - An application by Adv. for accused for exemption. O - Granted for today only.
    Order passed below Exh. No. 1 - Application is rejected. Complainant is hereby directed to submit written notes of argument or argue the case orally without fail on next date since accused has filed his written submission in the month of may 2023.
    Next Purpose: FOR ARGUMENTS
    Next Hearing Date: 18-12-2023
    
    Date: 18-12-2023
    Business: Complainant absent. Ld Adv. for complainant present.
    Accused absent. Ld Adv. for accused present.
    Exh - 50 - App for adjournment on behalf of complainant. o - Adjournment granted as a last chance
    Next Purpose: FOR ARGUMENTS
    Next Hearing Date: 06-01-2024
    
    Date: 06-01-2024
    Business: Complainant Present. Ld Adv. for complainant present.
    Accused absent. Ld Adv. for accused present.
    Next Purpose: FOR ARGUMENTS
    Next Hearing Date: 07-02-2024
    
    Date: 07-02-2024
    Business: Accused Present. Ld Adv. for accused present.
    Exh - 51 - App for adjournment on behalf of accused. o - Adjournment granted as a last chance
    Next Purpose: FOR ARGUMENTS
    Next Hearing Date: 02-03-2024
    
    Date: 02-03-2024
    Business: Complainant absent. 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: FOR ARGUMENTS
    Next Hearing Date: 06-04-2024
    
    Date: 06-04-2024
    Business: Complainant Present. Ld Adv. for complainant present.
    Accused absent. Ld Adv. for accused absent.
    Next Purpose: FOR ARGUMENTS
    Next Hearing Date: 19-04-2024
    
    Date: 19-04-2024
    Business: Complainant Present. Ld Adv. for complainant present.
    Accused absent. Ld Adv. for accused present.
    Exh - 52 - Written argument of complainant.
    O - Seen.
    Next Purpose: FOR JUDGMENT
    Next Hearing Date: 10-05-2024
    
    Date: 10-05-2024
    Business: Complainant absent. Ld Adv. for complainant present.
    Accused no 3 Present. Ld Adv. for accused present.
    Order Below Exh- 53
    1]	Accused No. 1. Curio Finance and Investment Pvt. Ltd., accused no. 2. Mr. Manan Jabbar Shaikh.- Director, and accused No. 3. Mr. Aftab Shaikh. -Director are hereby acquitted vide Section 255(1) of Criminal Procedure code for an offence punishable under Section 138 of the Negotiable Instruments Act.
    2]   Bail bond of accused stands canceled.
    3] Accused No. 2 and 3 shall execute P.R. Bond of Rs. 15,000/- each, to appear before the Higher Court as and when such court issues notice in respect of any appeal or petition filed against this judgment, vide section 437 (A) of the Code of Criminal Procedure.  Said bail bonds shall be in force for Six Months.
    
    (Judgment is dictated and pronounced in open court.)
    Nature Of Disposal: ACQUITTED
    Disposal Date: 10-05-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 11640/2018
    Filing Date: 18-09-2018
    First Hearing Date: 15th February 2019
    Decision Date: 10th May 2024
    Court Number And Judge: 48-Judicial Magistrate (First Class), 48th Court

    Orders

    1
    Final Order 1Full order available
    10 May 2024

    Order Details: Copy of Judgment Pdf Text: 1 C. C. No. 3731/SS/2018 Filed on : 18/09/2018 Registered on : 18/09/2018 Decided on : 10/05/2024 Duration : 05Y.07M. 22D. IN THE COURT OF METROPOLITAN MAGISTRATE 48TH COURT ANDHERI MUMBAI (Presided over by K. G. Sawant) Case No. 3731/SS/2018 CNR: MHMM190104472018 Exh. No. Mr. Diwakar Dwivedi. Aged 68 years, Indian Inhabitant, Residing at Room No. 2, Chandraudaya, Mahakali Caves Road, Andheri (E), Mumbai – 400 093. …Complainant Versus 1. Curio Finance and…

    Read Full Order

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