Date: 21-12-2018
Business: Adv. for compt. pt. Ex.4-Appln. for TOR deface court fee challa-Allowed. Ex. 5-Verification. Documents verified. for ROC and arguments.
Next Purpose: FOR VERIFICATION
Next Hearing Date: 26-04-2019
Date: 26-04-2019
Business: Adv. for compt. pt. for arg. on process and ROC.
Next Purpose: FOR VERIFICATION
Next Hearing Date: 17-07-2019
Date: 17-07-2019
Next Purpose: FOR VERIFICATION
Next Hearing Date: 23-09-2019
Date: 23-09-2019
Business: Adv. for compt. pt. Order passed below Ex.1-Process issued.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 17-03-2020
Date: 17-03-2020
Business: Ld. MM is on Jail Visit Charged with MM 63rd Court
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 17-06-2020
Date: 17-06-2020
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: 15-09-2020
Date: 15-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 02-12-2020
Date: 02-12-2020
Business: Adv for complt ab.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 12-04-2021
Date: 12-04-2021
Business: As per Office Order No. ESTT.16/675/2021, C.M.M., Esplanade, Mumbai, Dt. 09-04-2021, Board Discharged.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 12-06-2021
Date: 12-06-2021
Business: As per Office Order bearing No. 16/902/2021 of Office of the Hon''ble C. M. M. Esplanade, Mumbai dated 07/06/2021, Saturday, dated 12/06/2021 is declared holiday to take the precautionary measures and to break the chain of spread of Corona Virus infection. Hence, board is discharged.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 03-09-2021
Date: 03-09-2021
Business: Complainant absent. Ld. Adv. for complainant present. Accused No. 03 present. Exh. 07 - Vakalatnama filed by the Ld. Adv. for accused Nos. 02 to 04. Ld. Adv. for accused Nos. 02 to 04 present. Exh. - 08 - Accused Nos. 02 and 04 absent and exempted. Exh. - 09 - An application for bail of accused No.03, bail granted to accused No. 03 vide order passed on the application i. e. Exh. - 09. Exh. - 10 - PR Bond and Cash Bond of accused No. 03. For steps.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 05-10-2021
Date: 05-10-2021
Business: Complainant absent. Ld. Adv. for complainant present. Accused Nos .02 and 04 present with advocate. Exh. 11 - An application for cancellation of bailable warrant against accused Nos. 02 and 04. -O- BWT is cancelled on admonation. Exh. - 12 - Accused No. 03 is exempted for today only. Exh. - 13 - An application for bail of accused No. 02. -O- Accused No. 02 is released on executing PR Bond and SB of Rs. 15000/-. Accused is at liberty to deposit cash security in lieu of surety. Exh. - 14 - An application for bail of accused No. 04. -O- Accused No. 04 is released on executing PR Bond and SB of Rs. 15000/-. Accused is at liberty to deposit cash security in lieu of surety. Exh. - 15 - PR Bond and Cash Bond of Accused No. 02. Exh. - 16 - PR Bond and Cash Bond of Accused No. 04. For bail of accused No. 03 and for plea of all accused.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 08-10-2021
Date: 08-10-2021
Business: Case TOB
Accused No. 01 to 04 present his adv. present.
Exh-17 Take Matter on board. O- Allowed.
Exh-18 Plea of Accused.
Next Purpose: FOR HEARING
Next Hearing Date: 16-11-2021
Date: 16-11-2021
Business: Complainant absent. Advocate for complainant present.
Accused and his Advocate absent.
Exh. No. 19 - An application for directing the accused to pay 20 percent compensation U/sec. 143A of the N. I. Act. O - O. S. to say.
Order passed below Exh. No. 1. Case of year 2018 and yet evidence of complainant is not recorded. inspite of opportunity is given, complainant failed to lead evidence. Therefore, Complainant is hereby directed to remain present and proceed with the matter and take appropriate steps/lead evidence, else case will be dismissed on next date.
Next Purpose: For order
Next Hearing Date: 23-11-2021
Date: 23-11-2021
Business: Complainant and his Adv. present.
Accused no. 2 and 4 absent their Adv. present.
Exh. No. 20 - Examination in chief. O - Read and recorded.
Exh. No. 21 - List of documents. O - Accused to say about admissibility of documents.
Exh No. 22 - An application for exemption of Accused no. 2 and 4. O - Granted for today only.
For further examination in chief.
Next Purpose: PART HEARD
Next Hearing Date: 20-12-2021
Date: 20-12-2021
Business: Complainant and his Adv. present.
Accused absent. Adv. for accused present.
On S. A. Further Examination-in-chief of complainant by Adv. for complainant
Exh.No. 24 - Original Allotment Letter
Exh.No. 25 - Deed of cancellation of allotment
Exh.No. 26 - Original Cheque
Exh.No. 27 - Cheque return memo (No seal No signature marked for identification purpose)
Exh.No. 28 - Office copy of demand notice.
Exh. No. 29 to 32 - 4 Postal receipts
Exh. No. 33 to 36 - 4 A. D. Cards.
Cross-examination by advocate for accused
On Oral request of Adv. for accused cross-examination is deferred till next date.
Exh.No. 23 - An application by Adv. for accused for exemption. O - Granted.
For cross-examination.
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 absent. Ld. Adv. for complainant present. Accused absent. Ld. Adv. for accused present. Exh. 37 - An application by Ld. Adv. for accused for granting time to file say and the same is granted. Exh. - 38 - Adjournment application of Ld.Adv. for complainant is granted as last chance.
Next Purpose: PART HEARD
Next Hearing Date: 22-03-2022
Date: 22-03-2022
Business: Complainant absent. Ld. Adv. for complainant present. Exh. - 39 - Accused 2 to 4 absent and exempted. Exh 40- Adjournment app for accused. O - Granted. Exh - 41 - Reply on behalf of the accused to the app U/sec 413 (1)of the Negotiable Instruments Act, 1881 for Interim Compensation. O - Seen
Next Purpose: PART HEARD
Next Hearing Date: 25-04-2022
Date: 25-04-2022
Business: Complainant and his Adv. present.
Accused absent. Adv. for accused present.
Exh. No. 43 - An Application by Adv. for accused for exemption. O - Granted for today only.
Exh. No. 44 - An application by Adv. for complainant for adjournment. O - Adj. granted as a last chance subject cost of Rs. 1000/- payable by accused to complainant.
For further examination in chief.
Next Purpose: PART HEARD
Next Hearing Date: 08-06-2022
Date: 08-06-2022
Business: Complainant and his Adv. absent.
Accused absent. Adv. for accused no. 2 and 4 present.
Exh. No. 44 - An application by Ad. for accused for exemption. O - Granted for today only.
For Argument on Exh. No. 19 and further examination in chief.
Next Purpose: PART HEARD
Next Hearing Date: 15-07-2022
Date: 15-07-2022
Business: Complainant present with advocate. Accused Sandeep Hirani present with advocate, remaining accused absent. No cross order passed is passed on Exh. - 20
Next Purpose: PART HEARD
Next Hearing Date: 22-08-2022
Date: 22-08-2022
Business: Complainant present. Ld. Adv. for complainant present. Accused absent Ld. Adv. for accused Present.
Order - No cross order passed against accused is hereby set-aside subject to cost of Rs.5000/- payable by the accused to the complainant and on further condition that accused shall conduct the cross-examination on next date without fail.
Next Purpose: PART HEARD
Next Hearing Date: 22-09-2022
Date: 22-09-2022
Business: Complainant Present. Ld Adv. for Complainant Present.
Accused Present. Ld Adv. for accused present.
Exh - 47 - App for exemption on behalf of accused no-1. Granted.
Exh - 48 - App for exemption on behalf of accused no-2. Granted.
Exh - 49 - App for adjournment. O - Adjournment granted as a last chance subject to cost of Rs.1500/-
Next Purpose: PART HEARD
Next Hearing Date: 12-10-2022
Date: 12-10-2022
Business: Complainant Present. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused present.
Exh - 50 - App for exemption of accused no-2 to 4. O - Granted.
Exh.No.20 Page No-09.
On S.A. cross-examination of Kashyap Pujara By Adv. Archana Krupatwar for accused.
( On oral request of accused, cross-examination is deferred till next date).
Next Purpose: PART HEARD
Next Hearing Date: 25-11-2022
Date: 25-11-2022
Business: Complainant Present. Ld Adv. for complainant present.
Accused Present. Ld Adv. for accused present.
Exh - 51 - App for taking order on record.
O - Other side to say.
Next Purpose: PART HEARD
Next Hearing Date: 19-12-2022
Date: 19-12-2022
Business: Complainant Present. Ld Adv. for complainant present.
Accused 2,4absent. Accused no-3 Present . Ld Adv. for accused present.
Exh - 52 - App for exemption on behalf of accused no-2 and4.O - Exemption is granted for today only.
Exh - 53 - Vakalatanama. O - Seen.
Exh - 54 - Say of complainant on app filed by accused. O - Seen.
Exh - 55 - App For adjournment. O - Granted as prayed.
Next Purpose: PART HEARD
Next Hearing Date: 27-01-2023
Date: 27-01-2023
Business: Ld. Metropolitan Magistrate is on leave. Charge with Ld. Metropolitan Magistrate Railway Mobile Court, Andheri, Mumbai. Board Discharged.
Next Purpose: PART HEARD
Next Hearing Date: 06-03-2023
Date: 06-03-2023
Business: Complainant and his adv. present.
Accused No. 3 present. Adv. for accused present.
Exh. No. 56 - An application by adv. for accused for exemption of accused no. 2 and 4. O - Granted for today only.
Exh. no. 57 - An application by accused for deciding issue of jurisdiction. O - O.S. to say.
Next Purpose: PART HEARD
Next Hearing Date: 03-04-2023
Date: 03-04-2023
Business: Complainant Present Ld. Advocate for complainant Present. Accused Present Ld Advocate for accused Present.
ORDER BELOW EXHIBIT NO. 57 AND 59
By way of this application at Exh. 57, accused has prayed to decide whether this court has jurisdiction to try this complaint. According to him, this court has no territorial jurisdiction to entertain this complaint.
2. Ld. Advocate for complainant filed his reply wherein he admitted that bank account of complainant, is not situated within jurisdiction of this court. However, according to him, cheque was deposited at the branch which is situated within jurisdiction of this court. Hence he prayed for rejection of this application.
3. Heard Ld. Advocate for both parties and gone through the record. During course of argument, when it is brought to the notice of advocate for complainant that in view of Section 142 of N.I. Act, now only the court in whose jurisdiction complainant maintains account is the proper court to try that complaint, then complainant filed application at Exh. 59 stating therein that, 28th Metropolitan Magistrate\''s court at Esplanade is having jurisdiction to entertain this complaint. Hence, he prayed to return the complaint to him to file it before 28th Court, Esplanade, Mumbai with further prayer to give directions to the accused to appear before that court on 27/06/2023. In fact, both parties with consent have fixed next date to appear before 28th Court, Esplanade, Mumbai.
4. In view of above discussion, it becomes clear that, this court has no jurisdiction to try this complaint and hence same is to be returned to the complainant to file it before appropriate court. In result, I pass following order:- ORDER
1. Application at Exh. 57 and Exh. 59 are allowed.
2. Original complaint along with documents be returned to the complainant to file in the 28th Court, Esplanade, Mumbai (As stated by the complainant).
3. Accused is directed to appear before 28th Metropolitan Magistrate\''s Court, Esplanade, Mumbai on 27/06/2023.
4. Complainant to collect the original documents and file it before appropriate court within one month from today.
Nature Of Disposal: BY TRANSFER
Disposal Date: 03-04-2023
