Summons Private cases SS
M/S. KALPVRUKSHHA CONSTRUCTIONSVsM/S. KUMAR BUILDERS MUMBAI REALTY PVT. LTD +2 more
CNR MHMM19010692201848-Judicial Magistrate (First Class), 48th Court
Metropolitan Magistrate, Andheri, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--WITHDRAWN DURING OR AFTER EVIDENCE
Decision Date: 02nd August 2022
TrustJury record updated 26 Sept 2026
Case Overview
- Registration Number
- 4186/2018
- Registration Date
- 15 Oct 2018
Advocates
4For Petitioner
For Respondent
Parties
4Acts & Sections
1NEGOTIABLE INSTRUMENTS ACT · Sec 138
Case History / Proceedings
Case History
Date: 18-12-2018 Business: Adv. for compt pt. Ex.7-Verification-Put up on next date. Next Purpose: FOR VERIFICATION Next Hearing Date: 11-04-2019 Date: 11-04-2019 Business: Adv. for complainant present. for Document Verification. Next Purpose: FOR VERIFICATION Next Hearing Date: 13-05-2019 Date: 13-05-2019 Business: Ld. M.M. is on Leave board discharged. Next Purpose: FOR VERIFICATION Next Hearing Date: 30-05-2019 Date: 30-05-2019 Business: Adv. for compt. pt. Documents verified.Ex.8-List of documents. Keep for arg. as to why accd. no. 3 made party. Next Purpose: FOR VERIFICATION Next Hearing Date: 03-07-2019 Date: 03-07-2019 Business: Ld. M.M. is on leave. Charge with M.M. 63rd court. Board discharged. Next Purpose: FOR VERIFICATION Next Hearing Date: 17-07-2019 Date: 17-07-2019 Business: Adv. for compt. pt. Heard. Order passed below Ex.1-Process issued. Next Purpose: NOT HEARD AT 2.45 P.M. Next Hearing Date: 04-02-2020 Date: 04-02-2020 Business: Complainant Absent Ld Adv for complainant present Ld Adv for accused Nos. 02 and 03 present Exh - 09 - Vakalatnama filed by the Ld Adv for accused No. 02 Exh - 10 - Vakalatnama filed by the Ld Adv for accused No. 03 Exh - 11 - Accused No. 02 absent and exempted Exh - 12 - Accused No. 03 absent and exempted Next Purpose: NOT HEARD AT 2.45 P.M. Next Hearing Date: 27-04-2020 Date: 27-04-2020 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: 14-07-2020 Date: 14-07-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: NOT HEARD AT 2.45 P.M. Next Hearing Date: 26-10-2020 Date: 26-10-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: NOT HEARD AT 2.45 P.M. Next Hearing Date: 18-03-2021 Date: 18-03-2021 Business: Court is Vacant. Board discharged. Next Purpose: NOT HEARD AT 2.45 P.M. Next Hearing Date: 02-07-2021 Date: 02-07-2021 Business: Complainant absent his adv. present accused absent his adv. present Ex-13 Adjournment exemption application O-granted. Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: NOT HEARD AT 2.45 P.M. Next Hearing Date: 24-09-2021 Date: 24-09-2021 Business: Complainant absent. Ld. Adv. for complainant present. Exh. - 14 - Accused absent and exempted as last chance, in case of failure complainant is at liberty to take appropriate steps. Ld. Adv. for accused present. Exh. - 15 - An application for issuance of warrant against accused Nos. 02 and 03, in view of the same accused is directed to remain present in case of failure complainant is at liberty to take appropriate steps. 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. - 16 - Accused No. 02 absent and exempted. Accused no. 03 present. Ld. Adv. for accused Nos. 01 to 03 present. Exh. - 17 - An application for bail of accused Nos. 02 and 03. - O - Accused Nos. 02 and 03 are released on bail on executing PR Bond and Cash security of Rs. 5000/- each. Exh. - 18 - PR and Cash Bond of accused No. 02. Exh. - 19 - PR and cash bond of accused No. 03. Exh. - 20 - An application for recording plea of accused through advocate is granted. Exh. - 21 - Plea of accused Nos. 01 to 03 is recorded. Exh. - 22 - An application under section 143 - A of N. I. Act by Ld. Adv. for complainant, the same is kept for say of accused. For say of accused on Exh. - 22 and for evidence. Next Purpose: FOR HEARING Next Hearing Date: 29-10-2021 Date: 29-10-2021 Business: Advocate for complainant present. Exh. No. 22 - An application for Adjournment. O - Adjournment granted as a last chance. For evidence. Next Purpose: FOR HEARING Next Hearing Date: 25-11-2021 Date: 25-11-2021 Business: Complainant present with advocate. Accused and Ld. Adv. for accused absent. Exh. - 23 - Affidavit of evidence of Vishal Jitendra Thakur is read and recorded. Exh. - 24 - List of documents. - O - Seen and accused to say about the admissibility of documents. Exh. - 25 - An application by Ld. Adv. for complainant for passing no say order on application under section 143 - A of N. I. Act. - O - Say not filed and as such application is allowed, application for compensation be proceed with. Exh. - 26 - An application for issuance of NBW against accused Nos. 02 and 03 is allowed. Lateron Ld. Adv. for accused remained present.. Exh. - 27 - An application by Ld. Adv. for accused to say the warrant issued and the same is allowed. Exh. - 28 - Reply filed by Ld. Adv. for accused on an application under section 143 - A of N. I. Act. - O - Seen. Next Purpose: PART HEARD Next Hearing Date: 10-01-2022 Date: 10-01-2022 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: 25-02-2022 Date: 25-02-2022 Business: Adv. for complainant present. Adv. for accused present. Exh. No. 29 - An application by Adv. for accused for cancellation of warrant. O - NBW canceled without any penalty. Exh. No. 30 - An application by Adv. for accused for exemption of accused no. 2. O - Granted for today only. For further examination in chief. Next Purpose: PART HEARD Next Hearing Date: 21-03-2022 Date: 21-03-2022 Business: Adv. for complainant present. Adv. for accused present. Exh. No. 31 - An application by Adv. for accused for Adjournment. O - Adj. granted as a last chance. Next Purpose: PART HEARD Next Hearing Date: 22-04-2022 Date: 22-04-2022 Business: Complainant absent. Ld. Adv. for complainant present. Accused absent. Ld. Adv. for accused present. Exh - 32 - App for adjournment cum exemption of Accused. O - Granted. 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. Next Purpose: PART HEARD Next Hearing Date: 17-06-2022 Date: 17-06-2022 Business: Complainant and his Adv. present. Accused absent. Adv. for accused present. Exh. No. 33 - An application by Adv. for accused for adjournment cum exemption. O - Adj. granted as prayed. Next Purpose: PART HEARD Next Hearing Date: 02-08-2022 Date: 02-08-2022 Business: Complainant and his Adv. present. Adv. for accused present. Exh. No. - 34 - An application by Ld. Adv. for complainant for withdrawal of complaint and the same is allowed, separate order is passed below Exh. - 01 that, case stands withdrawn under section 257 of Cr.P.C. The accused is acquitted. Bail bonds of accused stands cancelled. Court fee be refunded as per rule. The case is finally disposed off. Nature Of Disposal: WITHDRAWN DURING OR AFTER EVIDENCE Disposal Date: 02-08-2022
Additional Case Details
Additional Case Details
Filing Number: 12818/2018 Filing Date: 15-10-2018 First Hearing Date: 18th December 2018 Decision Date: 02nd August 2022 Court Number And Judge: 48-Judicial Magistrate (First Class), 48th Court
Orders
1Final Order 102 Aug 2022
02 Aug 2022
Order Details: Copy of Judgment Pdf Text: C. C. No. 4186/SS/2018 CNR No. :MHMM190106922018 M/s. Kalpvrukshha Constructions. V/s. M/s. Kumar Builders Mumbai Realty Private Limited and others. ORDER BELOW EXHIBIT NO.1 This is a partheard matter. Today the complainant has filed application at Exh. 34 contending that matter is settled between the parties. Hence, the complainant does not want to proceed with the matter. In view of withdrawal application (Exh. No. 34), complainant is permitted to withdraw the case. Hence, following order: O R D E R 1) Case stands withdrawn u/s 257 of the Code of Criminal Procedure, 1973. 2) The accused are acquitted. Bail bonds of accused stands cancelled. 3) Court fees be refunded as per rule. 4) The case is finally disposed off. Date : 02082022 (K. G. Sawant) Metropolitan Magistrate 48th Court, Andheri, Mumbai -- 1 of 1 --
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