Date: 04-01-2019
Business: Adv. for compt. pt. Ex.4-Appln. for TOR court fee deface-Allowed. Ex.5-Appln. for permission to affirm verification-Allowed. Ex.6-Verification-Put up on next date.
Next Purpose: FOR VERIFICATION
Next Hearing Date: 25-03-2019
Date: 25-03-2019
Business: Adv. for compt. pt. for verification.
Next Purpose: FOR VERIFICATION
Next Hearing Date: 27-06-2019
Date: 27-06-2019
Business: Adv. for compt. pt. Verification recorded. Documents verified. Ex.7-Pursis. Keep for arg.
Next Purpose: FOR VERIFICATION
Next Hearing Date: 23-08-2019
Date: 23-08-2019
Business: As 23-8-2019 declared holiday on account of Gokulashtami. Board discharged.
Next Purpose: FOR VERIFICATION
Next Hearing Date: 13-11-2019
Date: 13-11-2019
Business: Adv. fr compt. pt. Order passed below Ex. 1-Process issued.
Next Purpose: FOR VERIFICATION
Next Hearing Date: 16-04-2020
Date: 16-04-2020
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 VERIFICATION
Next Hearing Date: 05-08-2020
Date: 05-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR VERIFICATION
Next Hearing Date: 10-11-2020
Date: 10-11-2020
Business: BOARD DISCHARGED
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR VERIFICATION
Next Hearing Date: 22-03-2021
Date: 22-03-2021
Business: Court is Vacant. Board discharged.
Next Purpose: FOR VERIFICATION
Next Hearing Date: 28-07-2021
Date: 28-07-2021
Business: Complainant absent his adv. present Ex-08 Application for reissue of notice to accused in thane jail. For report.
Next Purpose: NOT HEARD CASES
Next Hearing Date: 11-10-2021
Date: 11-10-2021
Business: Complainant absent. Ld. Adv. for complainant present. Accused absent. For steps.
Next Purpose: NOT HEARD CASES
Next Hearing Date: 24-11-2021
Date: 24-11-2021
Business: Complainant absent. Ld. Adv for complainant present. Accused and Ld. Adv. for accused absent. Exh. - 09 - An application by Ld. Adv. for complainant to put on record service of summons and the same is allowed. For steps.
Next Purpose: NOT HEARD CASES
Next Hearing Date: 19-01-2022
Date: 19-01-2022
Business: In view of SOP dt. 06-01-2022, issued by the Hon''ble High Court, Bombay, Board discharged.
Next Purpose: NOT HEARD CASES
Next Hearing Date: 29-03-2022
Date: 29-03-2022
Business: Complainant absent. Ld. Adv. for complainant present. Exh - 10 - App to issue production warrant against the accused in Thane Jail or keep him present though VC link O - Issue warrant as present to produce accused though VC.
Next Purpose: NOT HEARD CASES
Next Hearing Date: 30-06-2022
Date: 30-06-2022
Business: Complainant absent. Ld. Adv. for complainant present.
Accused produced on VC
Next Purpose: NOT HEARD CASES
Next Hearing Date: 22-07-2022
Date: 22-07-2022
Business: Both parties and their Adv. absent.
For report and steps.
Next Purpose: NOT HEARD CASES
Next Hearing Date: 07-10-2022
Date: 07-10-2022
Business: Complainant absent. Ld Adv. for complainant present.
Exh - 10 - Plea of accused.
Exh - 11 - App for 143-A of NI Act.
O - Accused to say.
Next Purpose: PART HEARD
Next Hearing Date: 22-11-2022
Date: 22-11-2022
Business: Complainant absent. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused present.
Exh - 12 - App for to pass no say order.
O - Accused to say.
Next Purpose: PART HEARD
Next Hearing Date: 12-12-2022
Date: 12-12-2022
Business: Accused absent. Ld Adv. for accused present.
Exh - 13 - App for the matter to be taken on board. O -Allowed.
Exh - 14 - Vakalatanama. O - Seen.
Exh - 15 - App u/sec 70(2) of the Cr.P.C. to recall warrant.
O - Production warrant be recalled if it is issued.
Next Purpose: PART HEARD
Next Hearing Date: 19-12-2022
Date: 19-12-2022
Business: Complainant Present. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused absent.
Exh - 16 - App to file additional affidavit of examination-in-chief. O - other side to say.
O - Accused and his advocate absent considering reasons stated permission granted to file additional affidavit.
Exh - 17 - Additional Affidavit of examination-in-chief. O - Read and Record.
Exh - 18 - App to issue NBW against accused. O - Issue NBW against accused.
Next Purpose: PART HEARD
Next Hearing Date: 09-02-2023
Date: 09-02-2023
Business: Complainant Present. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused present.
Exh - 20 - App to bring on record execution of warrant. O - Issue notice to concerned PI.
Exh - 21 - App to pass no cross-order.
O - Other side to say.
Exh - 22 - App u/sec 70(2) of the Cr.P.C. for cancellation of warrant.
O - NBW against accused stand cancelled without penalty since he was in jail.
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 absent.
Exh No. 17 contd. Page No.01.
I have filed my affidavit of examination-in-chief which bears my signature, contents are true and correct, it is at Exh-17.
I have filed documents along with list at Exh- 23
Accused and his advocate are absent when called.
Exh. 24 - Original cheque.
Article A - Cheque returned memo.
Exh - 25 - Office copy of notice.
Exh - 26 to 29 - Postal receipt.
Exh - 30 and 31 - A.D.Card.
Exh - 32 and 33 - Returned envelope
Article B - Photocopy of MOU
Article C and D - Photocopy of of receipt
Exh. E to I - Photocopy of 5 cheques.
Cross-examination by Advocate for accused.
Cross-examination by advocate for accused.
Accused and his advocate are absent when called. Hence matter to proceed without cross-examination.
No cross-examination
Next Purpose: PART HEARD
Next Hearing Date: 28-04-2023
Date: 28-04-2023
Business: Complainant absent. Ld Adv. for complainant present.
Exh - 34 - App for issue NBW against the accused. O - issue NBW against the accused.
Next Purpose: PART HEARD
Next Hearing Date: 04-07-2023
Date: 04-07-2023
Business: Complainant absent. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused absent.
On Oral request of Ld Adv. for complainant case is adjourned next date
Next Purpose: PART HEARD
Next Hearing Date: 05-09-2023
Date: 05-09-2023
Business: Complainant absent. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused absent.
Exh - 35 - App for issue NBW against the accused. O - Re-issue NBW against the accused.
Next Purpose: PART HEARD
Next Hearing Date: 03-11-2023
Date: 03-11-2023
Business: Complainant absent. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused absent.
Exh - 36 - Closing evidence purses.
O - Seen.
Exh - 37 - App for issue NBW against the accused. O - issue NBW against the accused.
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 30-11-2023
Date: 30-11-2023
Business: Complainant absent. Ld Adv. for complainant present.
Exh - 38 - App for issue NBW against the accused. O - issue NBW against the accused.
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 30-01-2024
Date: 30-01-2024
Business: Complainant absent. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused absent.
Exh - 39 - App for Re-issue NBW against the accused. O - Re-issue NBW against the accused.
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 28-02-2024
Date: 28-02-2024
Business: Metropolitan Magistrate is on leave, charge with Metropolitan Magistrate, 44th Court, Andheri, Mumbai. Case is adjourned next date
Next Purpose: FOR STATEMENT U/sec 313
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 STATEMENT U/sec 313
Next Hearing Date: 21-06-2024
Date: 21-06-2024
Business: Complainant absent. Ld Adv for complainant Present.
Warrant pending
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 13-08-2024
Date: 13-08-2024
Business: Complainant Present. Ld Adv for complainant Present.
Exh - 40 - App for issues show cause notice. O - Issue Show cause notice to concerned Po Stn.
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 09-10-2024
Date: 09-10-2024
Business: Complainant absent. Ld Adv for complainant Present. Accused absent. Ld Adv for accused absent.
Exh - 41 - App for dispense statement u/sec 313 of accused.
O - Other side to say.
ORDER BELOW EXH. 41
Today matter is pending for recording statement of accused U/s. 313 of Code of Criminal Procedure (hereinafter referred as Cr.P.C.) By way of present application, the complainant has prayed to dispense with statement of accused U/s. 313 of Cr.P.C. as accused is absent since long in spite of issuing NBW against him.
2. Say of accused was called. No say filed. Hence, application is taken up for consideration without his say.
3. Heard learned advocate for complainant and gone through record. Perusal of record it seems that the N.B.W. were issued against the accused since long, but accused is avoiding to attend the trial and therefore, he himself had failed to take the chance to explain incriminating evidence appearing against him on record. In this regard the Hon\''ble Bombay High Court in the case of Prakash Chimanlal Sheth V/s. T. Ramalingam Nadar @ Ramalingam decided in Criminal Application No.490 of 2020 dated 14/09/2022 wherein in Para-35 the Hon\''ble High Court has observed as under
35. Considering the fact that the proceedings under Section 138 of N.I. Act are required to be concluded expeditiously in the light of guidelines issued by the Courts from time to time for speedy disposal of the cases, the scope of Sections 141, 142, 143 and 145 of the N.I. Act, it was not necessary for the trial Court to wait for Accused to make his appearance. The facts of the present case denote that the Accused was exempted from appearing and thereafter they continued to disappear from appearing before the Court. Warrants were issued. The warrants could not be executed. The Accused even failed to appear before this Court. In this circumstance, the Court is empowered to proceed with the case without recording the statement of the Accused under Section 313 of Cr. P.C. The decision relied upon by learned APP Reena Hazarika V/s. State of Assam (supra) relates to scope of Section 313 of the Code. It is observed that the Section 313 of the Code confers valuable right upon accused to establish his innocence. The mere use of word \''may\'' cannot be held to confer a discretionary power on the Court to consider or not to consider such defence, since it constitutes a valuable right of an accused for access to justice. However, in the present case, accused have not bothered to remain present before the Court. The complainant is victim. He is running from pillar to post for prosecuting the accused. This is a fit case to exercise discretion and proceed with case by dispensing with statement under Section 313 of the Code. The accused has no regard for directions of Court. The trial Court had already passed order of no cross. Hence, the impugned order of trial Court is required to be set aside with direction to dispense with statement of accused under Section 313 of the Code and proceed with the case.
4. Besides that in summary cases, it is not compulsory to record the statement of accused under Section 313 of Cr. P.C. Still opportunity was granted to accused, but he failed to avail it. In such circumstances, in the larger interest of justice and in order to decide said matter speedily, it is necessary to dispense with statement of accused under Section 313 of Cr.P.C. and proceed further. In the result, I pass following order
ORDER
1]Application is allowed.
2]Statement of accused U/s. 313 (1) (b) of Cr.P.C. is dispensed with and case is fixed for final argument.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 22-11-2024
Date: 22-11-2024
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: 19-12-2024
Date: 19-12-2024
Business: Complainant absent. Ld Adv for complainant Present.
Accused absent. Ld Adv for accused Present
Exh - 42 - Written argument on behalf of the complainant. O - Read and Record.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 24-01-2025
Date: 24-01-2025
Business: Complainant absent. Ld Adv for complainant Present.
Accused absent. Ld Adv for accused Present
Exh - 43 - Vakalatanama. O - filed.
Exh - 44 - App for recall and set aside the no cross order
Exh - 45 - App to recall the order dated 09/10/24
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 27-02-2025
Date: 27-02-2025
Business: Complainant absent. Ld Adv for complainant Present.
Accused absent. Ld Adv for accused Present
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 28-03-2025
Date: 28-03-2025
Business: Complainant absent. Ld Adv for complainant Present.
Accused absent. Ld Adv for accused Present
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 29-04-2025
Date: 29-04-2025
Business: Complainant absent. Ld Adv for complainant Present.
Accused Present. Ld Adv for accused Present
Order below Exh-44 -
Application is allowed subject to cost of Rs.10000/-
Accused to pay the above cost to the complainant on or before next date and should conduct the cross-examination on next date without fail.
Order Below Exh - 45
Application is allowed and the order passed below Exh-41 is hereby set-aside.
Accused should remain present on next date without any excuse to record the statement u/sec 313 of Cr.P.C.
If the accused remain absent, this order would be automatically cancelled.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 20-06-2025
Date: 20-06-2025
Business: Complainant absent. Ld Adv for complainant Present.
Accused absent. Ld Adv for accused absent
Exh - 48 - Application for NBW against accused. O - Reissue NBW against accused. Case adjourned for next date.
Later on Accused absent. Ld Adv for accused Present
Exh - 49 - Application for keeping the matter for judgement
O - Already NBW is issued as per application of complainant
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 14-08-2025
Date: 14-08-2025
Business: Complainant absent. Ld Adv for complainant Present.
Accused Present. Ld Adv for accused Present
Exh - 50 - App for Exemption on behalf of complainant O - Granted.
Exh - 51 - Statement of accused name Jayprakash Dubey u/sec 313 of Code of criminal procedure recorded.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 12-09-2025
Date: 12-09-2025
Business: Complainant absent. Ld Adv for complainant Present.
Accused absent. Ld Adv for accused Present
Exh - 52 - App for production of document showing cost paid O - Production allowed.
Exh - 53 - App for Exemption on behalf of accused O - Granted.
Next Purpose: PART HEARD
Next Hearing Date: 07-11-2025
Date: 07-11-2025
Business: Complainant Present. Ld Adv for complainant Present.
Accused absent. Ld Adv for accused Present
Exh - 54 - App for Exemption on behalf of accused O - Granted.
Exh - 55 - App for adjournment on behalf of accused. O - Other side to say.
Exh - 56 - Say to the adjournment app
O - Seen and filed.
Order Below Exh-55
Granted as last chance subject to cost of Rs.3000/-
Next Purpose: PART HEARD
Next Hearing Date: 19-12-2025
Date: 19-12-2025
Business: Complainant Present. Ld Adv for complainant Present.
Accused Present. Ld Adv for accused Present
Exh. No. 17 contd. Page No. 02.
(As Per the order passed below Exh-44 )
On S.A. Cross-examination of Mr. Hidayatullah Ansari by Advocate Mr. Sadhana Singh for accused.
Cross-examination is over.
No Re-examination.
Next Purpose: PART HEARD
Next Hearing Date: 06-02-2026
Date: 06-02-2026
Business: Complainant absent. Ld Adv for complainant Present.
Exh - 57 - Closing evidence purses.
O - Seen and filed.
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 20-03-2026
Date: 20-03-2026
Business: Judicial Magistrate (First Class) 48th court, is on leave charge with Judicial Magistrate (first Class) 10th Court, Andheri , Mumbai.
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 22-04-2026
Date: 22-04-2026
Business: Judicial Magistrate (First Class) 48th court, is on leave charge with Judicial Magistrate (first Class) 10th Court, Andheri , Mumbai.
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 18-06-2026
Date: 18-06-2026
Business: Complainant absent. Ld Adv for complainant Present.
Accused absent. Ld Adv for accused absent
Exh - 58 - Application for Issue NBW against accused. O - Issue NBW against accused. Case adjourned for next date.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 29-07-2026
Date: 29-07-2026
Business: Complainant absent. Ld Adv for complainant Present.
Accused Present. Ld Adv for accused Present
Exh - 59 - App for cancellation of warrant.
O - Accused is present. NBW is Cancelled subject to penalty of Rs.500/-
O - Accused did not deposit the penalty amount and left the court, hence, NBW is intact against him.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 06-08-2026
Date: 06-08-2026
Business: Complainant absent. Ld Adv for complainant Present.
Accused absent. Ld Adv for accused Present
Oral argument heard
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 19-08-2026
Date: 19-08-2026
Business: Complainant absent. Ld Adv for complainant Present.
Accused Present. Ld Adv for accused Present
Exh - 60 - App for cancellation of warrant
O - Accused is present NBW is cancelled subject to penalty of Rs.500/-
Next Purpose: FOR JUDGMENT
Next Hearing Date: 24-08-2026
Date: 24-08-2026
Business: Complainant absent. Ld Adv for complainant absent.
Accused Present. Ld Adv for accused Present
Order Below Exh-61
The accused 1 Jai Prakash Dubey
Proprietor of Accused no-1 Maa Baglamukhi Group is hereby acquitted u/sec 255 (1) of the criminal procedure code, 1973 for an offense punishable u/sec 138 of the NI Act.
The bail bonds of accused stand canceled.
Muddemal being an original cheque and bank memo, be returned to the complainant after appeal period is over.
Accused is hereby directed to furnish personal bond of Rs.15000/- and surety of like amount to appear before honorable appellate court, in case of appeal filed by the prosecution, according to section 437A of the Code of criminal Procedure, 1973.
Dictated and pronounced in the open court.
Nature Of Disposal: ACQUITTED
Disposal Date: 24-08-2026
