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
Business: as p er roznama
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: 08-07-2020
Date: 08-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 30-09-2020
Date: 30-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 04-02-2021
Date: 04-02-2021
Business: Court is vacant. Board discharged.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 27-04-2021
Date: 27-04-2021
Business: Court is vacant. Charge is with the Hon''ble Metropolitan Magistrate, Railway Mobile 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: 17-07-2021
Date: 17-07-2021
Business: As per Honourable High Courts Circular dated 09/06/2021 and 01/07/2021 and Honourable CMM Office Order No. 930/2021, dated 11/06/2021 and Office Order No. 1040/2021 dated 06/07/2021 only urgent matters are taken. Hence, board is discharged.
Next Purpose: NOT HEARD CASES
Next Hearing Date: 16-09-2021
Date: 16-09-2021
Business: Complainant absent his adv. present accused absent his adv. absent Exh-07 pursis. O- Issue BWT of Rs 10000/- against accused no 02 to 04. for report.
Next Purpose: NOT HEARD CASES
Next Hearing Date: 05-10-2021
Date: 05-10-2021
Business: Complainant absent. Ld. Adv. for complainant present. Accused and Ld. Adv. for accused absent. Exh. - 08 - An application for issuance of BWT against accused. -O- Issue BWT of Rs. 10000/- against accused. For steps.
Next Purpose: NOT HEARD CASES
Next Hearing Date: 08-10-2021
Date: 08-10-2021
Business: Case TOB
Accused No. 01 to 04 present his adv. present.
Exh-10 Application for bail on Behalf of accused no. 02 to 04. O-Accused no. 02 to 04 are released on PR and Cash surety of Rs 10000/- each.
Exh-11 Provisional P. R. Bond Accused. no. 02.
Exh-12 Provisional P. R. Bond Accused. no. 03.
Exh-13 Provisional P. R. Bond Accused. no. 04.
Exh-14 Plea of Accused.
Exh-15 Application for cancellation warrant dated 05/10/2021. O-BWT against accused stand cancelled.
Next Purpose: FOR HEARING
Next Hearing Date: 25-11-2021
Date: 25-11-2021
Business: Complainant present with advocate. Exh. - 16 - Accused Nos. 02 and 04 absent and exempted. Ld. Adv. for accused Nos. 02 and 04 present. Exh. - 17 - Affidavit of evidence of Kashyap K. Pujara is read and recorded. Exh. - 18 - List of documents - O - Seen and accused to say about admissibility of documents. Exh. - 19 - An application under section 143 - A of N. I. Act by Ld. Adv. for complainant and the same is kept for say of accused. For say on Exh. - 19 and for further chief and cross examination.
Next Purpose: PART HEARD
Next Hearing Date: 20-12-2021
Date: 20-12-2021
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: Complaiant absent. Ld. Adv. for complainant present. Accused absent. Ld. Adv. for accused present. Exh. 35 - An application by Ld. Adv. for accused for granting time to file say and the same is granted. Exh. - 36 - 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: Adv. for complainant present.
Adv. for accused present.
Exh.No. 36 - An application by Adv. for both parties for adjournment. O - Adj. granted as a last chance.
Exh. No. 37 - An application by Adv. for accused no. 2 to 4 for exemption. O - Granted.
Exh. No. 38 - Reply of accused to the application U/sec. 143A. 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. 39 - An Application by Adv. for accused for exemption. O - Granted for today only.
Exh. No. 40 - 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 present. Ld. Adv. for complainant present.
Accused No-2 and 4 absent. Accused no-3 Present. Ld. Adv. for accused present.
Exh - 40 - App for exemption of accused no.2 and 4. O - Granted.
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. - 17
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 - 43 - App for exemption on behalf of accused no-1. Granted.
Exh - 44 - App for exemption on behalf of accused no-2. Granted.
Exh - 45 - 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 - 46 - App for exemption of accused no-2 to 4. O - Granted.
Exh.No.17 Page No-08.
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 - 47 - 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 - 48 - App for exemption on behalf of accused no-2 and4.O - Exemption is granted for today only.
Exh - 49 - Vakalatanama. O - Seen.
Exh - 50 - Say of complainant on app filed by accused. O - Seen.
Exh - 51- 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. 52 - An application by adv. for accused for exemption of accused no. 2 and 4. O - Granted for today only.
Exh. no. 53 - 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 Exh- 53 and 55
By way of this application at Exh. 53, 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. 55 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. 53 and Exh. 55 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
