Date: 25-03-2019
Business: Adv. for compt. pt. Ex.6-Appln. for B/W- Issue B/W of Rs.5000/- against accused. for B/W report.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 02-05-2019
Date: 02-05-2019
Business: Adv. for compt. pt. for B/W Report.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 27-06-2019
Date: 27-06-2019
Business: Adv. for compt. pt. for steps.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 14-01-2020
Date: 14-01-2020
Business: Adv.f or both side pt. for plea.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 23-03-2020
Date: 23-03-2020
Business: Ld. M. M. is on leave. Board Discharged. Charge with Ld. M. M. 63rd Court.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 16-06-2020
Date: 16-06-2020
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: 19-09-2020
Date: 19-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 13-01-2021
Date: 13-01-2021
Business: Court is vacant. Board discharged.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 20-04-2021
Date: 20-04-2021
Business: Court is Vacant. Charge with Ld. M. M. 63rd Court. Board Discharged.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 19-06-2021
Date: 19-06-2021
Business: As per Office Order No. Estt.16/947/2021 of Chief Metropolitan Magistrate Office, dt. 15-06-2021, Board is discharged.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 21-06-2021
Date: 21-06-2021
Business: Both Parties absent.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 16-09-2021
Date: 16-09-2021
Business: Complainant absent his adv. present accused absent his adv. absent Exh-13 Application for issue of non bailable warrant. O- Accused absent issue NBW against accused. for report.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 11-11-2021
Date: 11-11-2021
Business: Advocate for accused present.
Exh. No. 14 - An application for taking matter on board. O - Allowed.
Exh. No. 15 - An application for cancellation of warrant. O - NBW against accused stands cancelled subject to penalty of Rs. 2000/-.
Exh. No. 16 - An application for recording plea on behalf of accused. O - permission granted to advocate to record plea on behalf of accused.
Exh. No. 17 - plea of accused recorded through advocate.
For evidence.
Next Purpose: FOR HEARING AT 2.45 P.M.
Next Hearing Date: 23-11-2021
Date: 23-11-2021
Business: Advocate for complainant present.
For evidence.
Next Purpose: FOR HEARING AT 2.45 P.M.
Next Hearing Date: 04-12-2021
Date: 04-12-2021
Business: Complainant present with advocate. Accused and Ld. Adv. for accused absent. Exh. - 18 and 19 - Substitution application along with supporting affidavit thereof. - O - Seen and substitution is allowed. Exh. - 20 - Affidavit of evidence of Umesh Rajaram Bait is read and recorded. Exh. - 21 - List of documents. - O - Seen and accused to say about the admissibility of documents. For further chief and cross examination.
Next Purpose: PART HEARD
Next Hearing Date: 29-12-2021
Date: 29-12-2021
Business: Complainant present. Adv. for complainant present.
Adv. for accused present.
Exh. No. 22 - An application for exemption of accused and adjournment. O - Exemption and adjournment granted as a last chance.
For further examination-in-chief.
Next Purpose: PART HEARD
Next Hearing Date: 14-01-2022
Date: 14-01-2022
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: 07-02-2022
Date: 07-02-2022
Business: Declaration of Holiday on Monday 07th February 2022 O. W. No. RG/1611/9/2022 dt. 06Th February 2022 from Registrar General High Court, Bombay. Case Adj
Next Purpose: PART HEARD
Next Hearing Date: 10-03-2022
Date: 10-03-2022
Business: Complainant absent. Ld. Adv. for complainant present. Accused absent. Ld. Adv. for accused present. Exh. 73 - An application for adjournment by the Ld. Adv. for the complainant. - O - Granted as last chance. Exh. 74 - Exemption granted for today only for accused . For steps.
Next Purpose: PART HEARD
Next Hearing Date: 25-03-2022
Date: 25-03-2022
Business: Complainant present. Ld. Adv. for complainant present. Accused and Ld. Adv. for accused Present. Exh - 25- Exemption of accused. O - Granted. Exh - 20 contd. On S.A. Further examination-in-chief of Umesh Bait by Adv. Jitendra Yadav for the complainant. Exh - 21 - List of document filed.
Next Purpose: PART HEARD
Next Hearing Date: 21-04-2022
Date: 21-04-2022
Business: Complainant present. Ld. Adv. for complainant present. Accused absent. Ld. Adv. for accused present.
Exh - 72 - Purses O - Seen.
On S.A.Cross-examination of Umesh Bait by Adv. Santosh Yadav. for accused.
Accused and his Adv. are absent when called, hence matter to proceed without cross-examination.
No Cross-examination.
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 27-04-2022
Date: 27-04-2022
Business: Accused Present. Ld. Adv. for accused present. Exh - 73 - App for taking the matter on today board. O- Allowed.
Exh - 74 - App for cancellation of warrant. O- NBW against accused stand concealed subject to penalty of Rs.1000/-
Exh - 75 - App for exemption of the accused. O - seen today matter is not on bond exemption granted.
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 29-06-2022
Date: 29-06-2022
Business: Complainant present. Adv. for complainant absent.
Accused absent Adv. for accused present.
Exh. No. 76 - An application by Adv. for accused for exemption. O - Granted for today only.
Exh. No. 77 - An application by Adv. for accused for recalling of witnesses U/sec. 311 of Cr.P.C. O - O. S. to say.
For say and order on Exh. No. 77.
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 13-07-2022
Date: 13-07-2022
Business: Complainant and his Adv. present.
Accused absent. adv. for accused present.
Exh. No. 78 - An application by Adv. for accused for exemption. O - Granted for today only.
Exh. no. 79 - An application by Adv. for accused for adjournment. O - Adj. Granted as a last chance.
Order passed below Exh. No. 77 - Application is allowed and permission is granted to conduct the cross-examination subject to condition that, accused should not ask for further adjournment.
Matter is fixed for cross-examination, on 18-08-2022, in 1st session.
Next Purpose: PART HEARD
Next Hearing Date: 18-08-2022
Date: 18-08-2022
Business: Adv. for complainant present.
Accused absent. Adv. for accused present.
Exh. No. 80 - An application by Adv. for accused for exemption. O - Granted.
Exh. No. 81 - An application by Adv. for accused for adjournment. O - Granted subject to cost of Rs. 2000/- payable by accused to complainant.
For cross-examination.
Next Purpose: PART HEARD
Next Hearing Date: 28-09-2022
Date: 28-09-2022
Business: Complainant Present. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused present.
Exh.No.20 contd. Page No.11.
On S.A.cross-examination of Umesh Bait by Adv. Santosh Yadav for accused.
(On oral request of advocate for accused, cross-examination is deferred till next date.)
Next Purpose: PART HEARD
Next Hearing Date: 11-11-2022
Date: 11-11-2022
Business: Complainant present with advocate. Exh. - 82 - Accused absent and exempted. Ld. Adv. for accused present. Exh. - 83 - Ld. Adv. for accused filed an application to direct the Ld. Adv. for complainant to produce documents and the same is kept for say of complainant. For say on Exh. - 83
Next Purpose: PART HEARD
Next Hearing Date: 30-11-2022
Date: 30-11-2022
Business: Complainant Present. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused present.
Exh - 84 - App for exemption on behalf of accused. O - Granted for today only.
Exh - 85 - Reply to the application dated 11/11/2022 filed by the accused.
O - Seen.
Next Purpose: PART HEARD
Next Hearing Date: 11-01-2023
Date: 11-01-2023
Business: Complainant present with advocate. Exh. - 87 - Accused absent and exempted. Ld. Adv. for accused present. Further cross examination of Umesh Rajaram Bait on Exh. - 20 by Ld. Adv. Santosh Yadav for accused resumed on S. A. Cross over. No Re-Examination.
Next Purpose: PART HEARD
Next Hearing Date: 07-02-2023
Date: 07-02-2023
Business: Complainant Present. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused present.
Exh - 88 - Purses. O - seen.
Exh - 89 - App for exemption on behalf of accused. O - Granted.
Next Purpose: FOR STATEMENT U/sec 313
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 - 90 - App for exemption on behalf of accused. O - Granted.
Exh - 91 - App for recalling of witness no-1 Mr.Umesh Rajaram Bait u/sec 311 of Cr.P.C. O - Other side to say.
O - Permission granted to continued cross-examination subject to cost of Rs.3000/- and cross should be re-stated only to the invoices.
Exh.No. 20 contd. Page No. 16.
( In view of order passed below Exh 90 permission granted to recall complainant to take further cross-examination subject to cost of Rs.3000/- payable by accused to complainant. )
On S.A.further cross-examination of Umesh Bait by Adv. Santosh Yadav for accused.
Cross-examination is over.
No re-examination.
Exh - 92 - Purses. O - Seen
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 18-03-2023
Date: 18-03-2023
Business: Complainant Present. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused present.
Exh - 93 - Vakalatanama. O - Seen.
Exh - 94 - App for exemption on behalf of accused. O - Granted.
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 11-04-2023
Date: 11-04-2023
Business: Complainant absent. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused present.
Exh - 95 - App for exemption on behalf of accused. O - No proper reasons for exemption hence rejected.
Exh - 96 - App for issue NBW.
O - issue NBW against accused.
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 20-05-2023
Date: 20-05-2023
Business: Metropolitan Magistrate is on Concession leave, charge with Ld. Metropolitan Magistrate, Railway Mobile Court, Andheri, Mumbai.
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 31-07-2023
Date: 31-07-2023
Business: Complainant Present. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused absent.
Warrant Pending
Next Purpose: FOR STATEMENT U/sec 313
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 STATEMENT U/sec 313
Next Hearing Date: 26-12-2023
Date: 26-12-2023
Business: Complainant Present. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused absent.
Exh - 97 - App for Dispensing with recording statement of the accused u/sec 313 of the Cr.P.C.
O - Other side to say.
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 29-01-2024
Date: 29-01-2024
Business: Complainant absent. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused present.
Exh - 98 - App for exemption on behalf of accused. O - Matter is for recording the statement of accused u/sec 313 of Cr.P.C. Present of accused is necessary. accused is absent hence rejected.
Exh - 99 - App for recalling of witness of Mr. Umesh Rajaram Bai u/sec 311 of Cr.P.C.
O - Other side to say.
Order Below Exh-1
Today matter is pending for recording statement of accused u/sec 313 of Cr.P.C. accused is absent since long. Case is of years 2018. Inspite of sufficient opportunity given accused has failed to appear and explain about incriminating evidence adduced against him. It is the accused who has failed to avail opportunity to explain incriminating evidence appearing against him on record. Case is old one. Besides that as per judgements of Honble Apex Court in the case of Indian Bank Associations and Ors Vs of india and ors, decided on 21/04/2014 in Writ Petition (civil) No. 18/2013 If accused fails to apply for leave to defense, in that case court can proceed further and pronounce judgment. Besides that this is a summary proceeding still opportunity was granted to accused to appear and explain about incriminating evidence appearing against them. Accused have failed to avail this opportunity. Hence, statement of accused u/sec 313 of Cr.P.C. is dispensed with and case is fixed for final arguments on next date.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 21-02-2024
Date: 21-02-2024
Business: Complainant Present. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused absent.
On Oral request of complainant case is adjourned next date
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 18-03-2024
Date: 18-03-2024
Business: Metropolitan Magistrate is on Jail Visit, charge with Metropolitan Magistrate, 44th Court, Andheri, Mumbai. Case is adjourned next date
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 22-04-2024
Date: 22-04-2024
Business: Complainant absent. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused absent.
Exh - 100 - Written argument on behalf of complainant. O - Seen.
Exh - 101 - List of judgment.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 29-04-2024
Date: 29-04-2024
Business: Complainant absent. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused absent.
Next Purpose: FOR JUDGMENT
Next Hearing Date: 24-05-2024
Date: 24-05-2024
Business: Complainant absent. Ld Adv. for complainant present.
For oral argument.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 20-06-2024
Date: 20-06-2024
Business: Metropolitan Magistrate is on Leave , Charge with Metropolitan Magistrate,
44th Court, Andheri, Mumbai. Case is adjourned next date
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 16-07-2024
Date: 16-07-2024
Business: Complainant absent. Ld Adv for complainant Present.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 07-08-2024
Date: 07-08-2024
Business: Complainant absent. Ld Adv for complainant Present.
Oral argument heard
Next Purpose: FOR JUDGMENT
Next Hearing Date: 29-08-2024
Date: 29-08-2024
Business: Complainant absent. Ld Adv for complainant Present.
One application is pending
For Order
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 14-10-2024
Date: 14-10-2024
Business: Complainant absent. Ld Adv for complainant Present.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 11-11-2024
Date: 11-11-2024
Business: Complainant present and his adv. present. case adjourned for next date.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 05-12-2024
Date: 05-12-2024
Business: Judicial Magistrate (First Class), 48th court is on Leave , Charge with Judicial Magistrate (First Class), 65th Court, Andheri, Mumbai. Case is adjourned next date
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 07-01-2025
Date: 07-01-2025
Business: Complainant absent and his adv. present.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 08-01-2025
Date: 08-01-2025
Business: Complainant absent. Ld Adv for complainant Present.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 10-01-2025
Date: 10-01-2025
Business: Complainant absent. Ld Adv for complainant Present. Accused absent. Ld Adv for accused Present.
Order Below Exh-102
1.Accused No. 2. Harasan Singh- Proprietor of accused no. 1. R. K. Agencys. Age Adult, is convicted under Section 255 2 of the Code of Criminal Procedure, 1973 for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 and sentenced to suffer simple Imprisonment for six months.
2. Accused is directed to pay compensation Rs. 12,97,175/- Rs. Twelve Lacs Ninety Seven Thousand One Hundred Seventy Five Only to the complainant within three months from today, in default to suffer Simple Imprisonment for nine months.
3. Accused to surrender to his bail bond.
4. Muddemal being an original cheque and bank memo, be returned to the complainant after appeal period is over.
5. 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.
6. Today i.e. on the date of judgment accused remained absent, hence issue standing Non-bailable warrant against the accused for his arrest through concerned police station for execution of sentence in view of Section 418 2 of Cr.P.C.
7. The copy of this Judgment shall be send to the convicted accused, free of cost, in view of section 363 1 of the Code of Criminal Procedure, 1973.
8. Dictated and pronounced in open court.
Nature Of Disposal: CONVICTED
Disposal Date: 10-01-2025
