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Summons Private cases SS

SHAIKH ISMAIL SK MUNEERVsFATIMA JAFAR SHARIF

CNR MHMM19011516201848-Judicial Magistrate (First Class), 48th Court
CASE DISPOSED
Contested--CONVICTED
Decision Date: 28th June 2023

TrustJury record updated 26 Sept 2026

Case Overview

Registration Number
2496/2018
Registration Date
18 Jun 2018

Advocates

2

For Petitioner

For Respondent

Parties

2

Acts & Sections

1
NEGOTIABLE INSTRUMENTS ACT · Sec 138

Case History / Proceedings

Case History
Date: 12-12-2018
Business: as per roznama
Next Purpose: FOR VERIFICATION
Next Hearing Date: 22-05-2019

Date: 22-05-2019
Business: Ld. MM. is on Concessional leave. Charge with Ld. MM. Railway Mobile Court, Andheri, Mumbai
Next Purpose: FOR VERIFICATION
Next Hearing Date: 13-08-2019

Date: 13-08-2019
Business: Adv. for both side pt. Plea of accd. recorded. Matter is referred for mediation.
for mediation report and evidence.
Next Purpose: FOR HEARING
Next Hearing Date: 27-08-2019

Date: 27-08-2019
Business: C.T.O.B.
accused present his adv. present.
Next Purpose: FOR HEARING
Next Hearing Date: 04-11-2019

Date: 04-11-2019
Business: Both parties and their Adv. are absent. for evidence.
Next Purpose: FOR HEARING
Next Hearing Date: 20-02-2020

Date: 20-02-2020
Business: Ld. M. M. is on Leave. Board Dicharged. Charge with Ld. M. M. Railway Court.
Next Purpose: FOR HEARING
Next Hearing Date: 04-04-2020

Date: 04-04-2020
Business: As per office order no. 66 of 2020. Ref. 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 Discharge
Next Purpose: FOR HEARING
Next Hearing Date: 12-06-2020

Date: 12-06-2020
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: FOR HEARING
Next Hearing Date: 09-09-2020

Date: 09-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR HEARING
Next Hearing Date: 03-12-2020

Date: 03-12-2020
Business: Adv for complt ab. Adv for accud pt.
Next Purpose: FOR HEARING
Next Hearing Date: 18-02-2021

Date: 18-02-2021
Business: Court is Vacant. Board discharged.
Next Purpose: FOR HEARING
Next Hearing Date: 04-05-2021

Date: 04-05-2021
Business: Court is vacant. Charge is with the Honorable Metropolitan Magistrate, 22nd  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: FOR HEARING
Next Hearing Date: 28-07-2021

Date: 28-07-2021
Business: Complainant absent his adv. absent Accused present his adv. absent. for Steps.
Next Purpose: FOR HEARING
Next Hearing Date: 18-08-2021

Date: 18-08-2021
Business: Complainant absent and exempted. Ld. Adv. for complainant present. Accused present and his adv. absent. For Evidence
Next Purpose: FOR HEARING
Next Hearing Date: 02-09-2021

Date: 02-09-2021
Business: Exh. - 16 - Complainant absent and exempted. Ld. Adv. for complainant present. Accused present. Ld. Adv. for accused absent. For Evidence.
Next Purpose: FOR HEARING
Next Hearing Date: 12-10-2021

Date: 12-10-2021
Business: Complainant absent his adv. present accused present his adv. absent Exh-17 Application for adjournment. O- case is old one Application is rejected and case fixed for dismissed order on next date.
Next Purpose: FOR HEARING
Next Hearing Date: 23-11-2021

Date: 23-11-2021
Business: complainant and his Adv. present.
Accused present his Adv. absent.
Exh. No. 18 - Examination in chief. O - Read and recorded.
Exh.NO. 19 - List of documents. O - Accused to say about admissibility of documents.
For further examination in chief.
Next Purpose: PART HEARD
Next Hearing Date: 20-12-2021

Date: 20-12-2021
Business: Complainant present with advocate. Accused and Ld. Adv. for accused absent. For further chief and cross examination.
Next Purpose: PART HEARD
Next Hearing Date: 12-01-2022

Date: 12-01-2022
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: 21-02-2022

Date: 21-02-2022
Business: Complainant present with advocate. Accused and Ld. Adv. for accused absent. Further examination in chief of Shaikh Ismail Muni on Exh. - 18 by Ld. Adv. Asha Mankame holding for advocate Pradip Shetty for the complainant on S. A. Exh. - 20 - Leave and License Agreement. Exh. - 21 - Memorandum of understanding. Exh. - 22 - Disputed cheque bearing No. 742033. Exh. - 23 and Exh. - 24 - Cheque return memos. Exh. - 25 - Office copy of notice. Exh. - 26 - Postal Receipt. Accused and Ld. Adv.for accused absent when called hence matter to proceed further without cross examination. Exh. - 27 - An application for NBW against accused is allowed.
Next Purpose: PART HEARD
Next Hearing Date: 29-03-2022

Date: 29-03-2022
Business: Complainant and his Adv. present.
Accused and his Adv. present.
Exh. No. 27 - An application by Adv. for accused for cancellation of warrant. O - NBW against accused stands cancelled subject to penalty of Rs. 1000/-
Next Purpose: PART HEARD
Next Hearing Date: 11-04-2022

Date: 11-04-2022
Business: Complainant present. Ld. Adv. for complainant present. Accused absent.  Ld. Adv. for accused present. Exh - 28 - App For Adjournment. O - Adjournment Granted as last chance.
Next Purpose: PART HEARD
Next Hearing Date: 05-05-2022

Date: 05-05-2022
Business: Complainant and his adv. present.
Accused and his adv. Present.
Exh - 29 - App for adjournment. O - Complainant and his adv. Present. already sufficient time granted no proper reasons for adjournment still adjournment granted subject to cost of Rs. 1500/- penalty accused to complainant.
Next Purpose: PART HEARD
Next Hearing Date: 22-06-2022

Date: 22-06-2022
Business: Complainant present with advocate. Accused present with advocate. Exh. - 30 - An application filed by Ld. Adv. for accused for setting aside no cross order. Exh. - 31 - An application filed by Ld. Adv. for accused regarding denial of all the evidence of complainant filed under section 294 of Cr.P.C. -O- Seen. Cross examination of Shaikh Ismail on Exh. - 18 by Ld.  Adv. Nasim Shaikh for the accused on S. A. Cross over. No Re-Examination.
Next Purpose: PART HEARD
Next Hearing Date: 13-07-2022

Date: 13-07-2022
Business: Complainant and his Adv. present.
Accused and his Adv. present.
Exh. No. 32 - Evidence closing pursis by Adv. for complainant. O - Seen.
Matter is fixed for Statement of accused U/sec. 313 of Cr.P.C.
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 30-07-2022

Date: 30-07-2022
Business: Complainant Present. Ld. Adv. for complainant present.  Accused absent Ld. Adv. for accused Present.
Exh - 33 - Vakalatanama. O - Seen.
Exh - 34 - App for exemption of accused.
O - Granted as last chance.
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 06-08-2022

Date: 06-08-2022
Business: Complainant present with advocate. Accused absent. Ld. Adv. for accused present. Exh. - 35 - Accused absent and exemption given by Ld. Adv. for accused is rejected. Exh. - 36 - An application for issuance of NBW against accused is granted.
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 08-08-2022

Date: 08-08-2022
Business: Accused and Ld. Adv. for accused Present.\\
Exh - 37-  App for taking the matter on today board. O - Allowed.
Exh - 38 - App for cancellation of warrant.
O - NBW against accused stand cancelled on a admonition without any penalty.
Exh - 39 - Statement of accused name Mrs. Fatima jafar sharif u/sec 313 of Cr.P.C. is recorded.
Next Purpose: PART HEARD
Next Hearing Date: 07-09-2022

Date: 07-09-2022
Business: Complainant and his Adv. present.
Accused and his adv. present.
Matter is fixed for argument on next date.
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: 10-11-2022

Date: 10-11-2022
Business: Complainant and his Adv. present.
Accused present. Adv. for accused absent.
Matter is fixed for argument.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 09-12-2022

Date: 09-12-2022
Business: Complainant Present. Ld Adv. for complainant present.
Accused Present. Ld Adv. for accused absent.
Exh - App for adjournment on behalf of accused. O -Adjournment granted as a last chance.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 17-12-2022

Date: 17-12-2022
Business: Complainant absent. Ld Adv. for complainant present.
Accused Present. Ld Adv. for accused present.
Exh - 41 - Written argument on behalf of complainant. O - Seen.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 23-12-2022

Date: 23-12-2022
Business: Complainant and his Adv. present.
Adv. for accused present.
Exh. No. 42 - An application by Adv. for accused for adjournment. O - Granted as a last chance.
For argument on behalf of accused.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 07-01-2023

Date: 07-01-2023
Business: Complainant Present. Ld Adv. for complainant present.
Accused Present. Ld Adv. for accused absent.
Order below Exh 1
Today case is fixed for final argument.  Complainant has already filed on record his written notes of argument.  Inspite of opportunity is given accused has failed to argue this matter.  Still, one more last chance is grnated to accused for his argument either written or orally, else matter will be proceed without his argument and judgments will be pronounced on next date.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 01-02-2023

Date: 01-02-2023
Business: Complainant Present. Ld Adv. for complainant present.
Accused Present. Ld Adv. for accused present.
Exh - 43 - Written notes of arguments on behalf of accused. O - Seen.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 23-02-2023

Date: 23-02-2023
Business: Complainant Present. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused present.
Exh - 44 - App for exemption on behalf of accused. O - Granted.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 09-03-2023

Date: 09-03-2023
Business: Complainant Present. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused present.
Exh - 45 - App for adjournment on behalf of accused. o - Adjournment granted as a last chance
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 24-03-2023

Date: 24-03-2023
Business: Complainant Present. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused present.
Exh - 45 - App for recalling the witness u/sec 311 of Cr.P.C.
O - Other side to say.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 13-04-2023

Date: 13-04-2023
Business: Complainant absent. Ld Adv. for complainant present.
Accused Present. Ld Adv. for accused present.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 18-05-2023

Date: 18-05-2023
Business: Metropolitan Magistrate is on Concession leave, charge with Ld. Metropolitan Magistrate, Railway Mobile Court, Andheri, Mumbai.
On 13-04-2023
Order Below Exh - 45 -
Heard both side and gone though record there is absent No reasons to recall the complainant hence rejected.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 28-06-2023

Date: 28-06-2023
Business: Complainant Present. Ld. Adv. for complainant Present.
Accused Present. Ld. Adv. for accused Present.
Order Below Exh -46
i.	The accused Smt. Fatima Jafar Sharif @ Janak Narsi Kanthariya is hereby convicted for the offence punishable under section 138 of the Negotiable Instrument Act, 1881 vide section 255(2) of the Code of Criminal Procedure, 1973.
ii.	Accused is hereby sentenced to suffer simple imprisonment for period of Six months and to pay compensation of Rs. 4,00,000/- (Rs. Four Lac) 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 shall suffer further simple imprisonment for the period of 15 days.
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 to surrender her 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.	Accused is informed about having her right to prefer appeal against this judgment within a statutory period before Hon\''ble Sessions Court.
viii.  	Dictated and pronounced in open court.
Nature Of Disposal: CONVICTED
Disposal Date: 28-06-2023

Additional Case Details

Additional Case Details
Filing Number: 807644/2018
Filing Date: 18-06-2018
First Hearing Date: 12th December 2018
Decision Date: 28th June 2023
Court Number And Judge: 48-Judicial Magistrate (First Class), 48th Court

Orders

1
Final Order 1Full order available
28 Jun 2023

Order Details: Copy of Judgment Pdf Text: 1 C. C. No. 2496/SS/2018 Filed on : 18/06/2018 Registered on : 18/06/2018 Decided on : 28/06/2023 Duration : 05Y. 00M. 10D. IN THE COURT OF METROPOLITAN MAGISTRATE 48TH COURT ANDHERI MUMBAI (Presided over by K. G. Sawant) Case No. 2496/SS/2018 CNR: MHMM190115162018 Exh. No. Mr. Shaikh Ismail Shaikh Muneer. Adult, Indian Inhabitant, residing at Ganpati Chawl, Mubarak Masjid, Patkar Compund, Gilburt Hill Road, Andheri (W), Mumbai – 58. …Complainant Versus Mrs. Fatima…

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