Date: 21-01-2019
Business: Adv. for compt. ab. Adv. for accd. pt. Ex.7-VP. Ex.8-Appln. for exemption of accd. -Exemption granted and directed to comply bail formalities within 30 days by taking matter on board. for bail and plea of accused.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 06-08-2019
Date: 06-08-2019
Business: LD. M.M. is on leave. Board discharged.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 05-10-2019
Date: 05-10-2019
Business: Ld. M.M. Is on leave. Charge with Ld. M.M. 65th court. Accd. pt. with Adv. Ex. 9-VP. Ex.10-Appln. for Bail of accd. - Accd. be released on P.B. and S.B. of Rs.15000/- with surety or cash bail of the same . Ex.11-Bail bond of accd.
for plea of accd. adj.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 17-01-2020
Date: 17-01-2020
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: 26-03-2020
Date: 26-03-2020
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: 06-08-2020
Date: 06-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 11-11-2020
Date: 11-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 09-04-2021
Date: 09-04-2021
Business: Court is vacant. Board discharged Charge with 63rd Court, Andheri, Mumbai.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 20-07-2021
Date: 20-07-2021
Business: Both parties absent.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 05-10-2021
Date: 05-10-2021
Business: Complainant absent his adv. present. for NBW report.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 13-01-2022
Date: 13-01-2022
Business: Accused present his adv. present Application for cancellation of warrant. O- NBW is cancelled on penalty of Rs 10000/-.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 19-03-2022
Date: 19-03-2022
Business: Adv. for complainant present.
Accused and his Adv. present.
Exh. No. 14 - Plea of accused.
Exh. No. 15 - An affidavit in lieu of examination in chief. O - Read and recorded.
Exh. No. 16 - List of documents. O - Call say of accused about admissibility of documents.
Matter is fixed for further examination in chief, on 08-04-2022, in 1st session.
Next Purpose: PART HEARD
Next Hearing Date: 08-04-2022
Date: 08-04-2022
Business: Complainant and his Adv. present.
Adv. for accused present.
Exh. No. 17 - 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: 28-04-2022
Date: 28-04-2022
Business: Adv. for complainant present.
Accused and his Adv. absent.
Exh. No. 18 - An application by Adv. for complainant for adjournment. O - Adj. granted as prayed.
For further examination in chief.
Next Purpose: PART HEARD
Next Hearing Date: 21-06-2022
Date: 21-06-2022
Business: Complainant and his adv. present.
Accused absent. Adv. for accused present.
Exh. No. 19 - An application by Adv. for accused for exemption. O - Granted for today only.
On S. A. further examination in chief of Arvind Shingal by Adv. M. S. Dhavle for the complainant.
Ld. Adv. Ahmed Khan for accused denied all the documents.
Exh. No. 20 - Certified copy of resolution.
Exh. No. 21 - Letter of authority.
Exh. No. 22 to 28 - 7 Tax invoices.
Exh. No. 29 to 34 - 6 Transport receipts.
Exh. No. 35 - Ledger account along with certificate U/sec. 65B of Evidence Act.
Exh. No. 36 - Certificate issued by C. A.
Exh. No. 37 - Original disputed cheque.
Exh. No. 38 - Cheque returned memo.
Exh. No. 39 - Office copy of demand notice.
Exh. No. 40 to 43 - Postal receipts.
Exh. No. 44 to 47 - A. D. Cards.
Exh. No. 48 - Reply from accused.
Exh. No. 49 - Rejoinder to reply.
Exh. No. 50 and 51 - Postal receipt and A. D. Card.
On oral request of Adv. for accused, matter is adjourned for cross-examination till next date.
For cross-examination.
Next Purpose: PART HEARD
Next Hearing Date: 25-07-2022
Date: 25-07-2022
Business: Complainant and his adv. present.
Adv. for accused present.
Exh. No. 52 - An application by Adv. for accused for exemption. O - Granted for today only.
Exh. No. 53 - An application by Adv. for accused for adjournment. O - Granted as a last chance.
Matter is fixed for cross-examination.
Next Purpose: PART HEARD
Next Hearing Date: 26-08-2022
Date: 26-08-2022
Business: Complainant and his Adv. present.
Accused and his Adv. absent.
Exh. No. 54 - An application by Adv. for complainant for issuing NBW against accused No. 2. O - Issue NBW against accused.
For cross-examination.
Next Purpose: PART HEARD
Next Hearing Date: 04-10-2022
Date: 04-10-2022
Business: Complainant Present. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused absent.
Exh - 55 - App for issue NBW.
O - Issue NBW against the accused.
Next Purpose: PART HEARD
Next Hearing Date: 22-11-2022
Date: 22-11-2022
Business: Complainant Present. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused absent.
Exh - 56 - App on behalf of complainant for issue of Fresh NBW. O - Issue NBW against the accused
Next Purpose: PART HEARD
Next Hearing Date: 04-01-2023
Date: 04-01-2023
Business: Accused Present. Ld Adv. for accused present.
Exh -57 - App for taken today on board. O - Allowed
Exh - 58 - App for cancellation of warrant.
O - NBW against accused stand cancelled subject to penalty of Rs.2000/-
Next Purpose: PART HEARD
Next Hearing Date: 20-01-2023
Date: 20-01-2023
Business: Metropolitan Magistrate is on leave, 1st session charge with Ld. Metropolitan Magistrate, Railway Mobile Court, Andheri, Mumbai.
Next Purpose: PART HEARD
Next Hearing Date: 22-02-2023
Date: 22-02-2023
Business: Complainant Present. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused present.
Exh - 59 - App for exemption on behalf of accused. O - Granted.
Exh.No. 15 contd.Page No-10
On S.A. cross-examination of Arvind Singhal by Adv. R.P.Mihsra for acused.
Cross-examination is over
No re-examination.
Next Purpose: PART HEARD
Next Hearing Date: 15-03-2023
Date: 15-03-2023
Business: Complainant Present. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused present.
Exh - 60 - Purses behalf of complainant.
O - Seen.
Exh - 61 - App for exemption on behalf of accused. O - Granted.
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 03-04-2023
Date: 03-04-2023
Business: Complainant absent. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused present.
Exh - 62 - App for exemption on behalf of accused. O - Granted.
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 13-04-2023
Date: 13-04-2023
Business: Complainant Present. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused absent.
Exh - 63 - App for issue NBW against the accused. O - issue NBW against the accused.
Later on Accused Present. Ld Adv. for accused present.
Exh - 64 - App for cancellation of warrant. O - NBW against accused stand cancelled on admonition.
Exh - 65 - Stement of accused u/sec 313 of Cr.P.C. recorded.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 20-06-2023
Date: 13-04-2023
Business: Complainant Present. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused absent.
Exh - 63 - App for issue NBW against the accused. O - issue NBW against the accused.
Later on Accused Present. Ld Adv. for accused present.
Exh - 64 - App for cancellation of warrant. O - NBW against accused stand cancelled on admonition.
Exh - 65 - Stement of accused u/sec 313 of Cr.P.C. recorded.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 20-06-2023
Date: 20-06-2023
Business: Complainant Present. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused present.
Exh - 66 - App for exemption and adjournment on behalf of accused.
o - matter is for argument no proper reasons for adjournment hence rejected and last Chane granted for argument.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 14-07-2023
Date: 14-07-2023
Business: Complainant absent. Ld Adv. for complainant present.
Accused Present. Ld Adv. for accused present.
Exh - 67 - App for adjournment on behalf of accused. o - Adjournment granted as a last chance
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 01-08-2023
Date: 01-08-2023
Business: Complainant absent. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused present.
Exh - 68 - App for exemption on behalf of accused. O - Granted.
Exh - 69 - App for adjournment on behalf of accused. o - Adjournment granted as a last chance
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 17-08-2023
Date: 17-08-2023
Business: Complainant Present. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused present.
Exh - 70 - App for exemption on behalf of accused. O - Granted.
Exh - 71 - Written argument on behalf of complainant. O - Seen.
Exh - 72 - Written argument on behalf of accused. O - Seen.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 04-09-2023
Date: 04-09-2023
Business: Complainant absent. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused present.
Exh - 73 - App for exemption on behalf of accused. O - Granted.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 04-10-2023
Date: 04-10-2023
Business: Metropolitan Magistrate is on leave, charge with Metropolitan Magistrate, 44th Court, Andheri, Mumbai.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 06-11-2023
Date: 06-11-2023
Business: Complainant absent. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused present.
Exh - 74 - App for exemption on behalf of accused. O - Granted.
Exh - 75 - App for adjournment on behalf of accused. o - Adjournment granted as a last chance
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 11-12-2023
Date: 11-12-2023
Business: Complainant Present. Ld Adv. for complainant present.
Next Purpose: FOR JUDGMENT
Next Hearing Date: 03-01-2024
Date: 03-01-2024
Business: Complainant Present. Ld. Adv for complainant Present. Accused Present Ld. Adv for accused Present.
Order Below Exh - 76
i. The accused No. 2 Mr. Paresh M. Vithlani, partner of accused no. 1 M/s. Ajay Oil Agency is hereby convicted for the offence punishable under section 138 r/w. 141 of the Negotiable Instrument Act, 1881 vide section 255(2) of the Code of Criminal Procedure, 1973.
ii. Accused No. 2 is sentenced to suffer simple imprisonment for period of One month and accused no. 1 and 2 shall pay, jointly and severally, compensation of Rs. 20,00,000/- (Rs. Twenty Lacs only) to the complainant vide Section 357(3) of the Code of Criminal Procedure. Accused shall pay above amount of compensation within two months from today, in default of payment of compensation, accused No. 2 shall suffer further simple imprisonment for the period of One week.
iii. The amount of compensation realized from the accused, shall be paid to the complainant, subject to expiry of the appeal period or the orders of Honourable Appellate Court (if any).
iv. Accused No. 2 to surrender his bail bonds.
v. 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.
vi. The copy of this Judgment be provided free of cost to the accused, immediately after it is prepared, in view of section 363(1) of the Code of Criminal Procedure, 1973.
vii. Dictated and pronounced in open court.
Nature Of Disposal: CONVICTED
Disposal Date: 03-01-2024
