Misc. case
HITESH MANIRAM TIWARIVsDHARMESH R JHAVERI
CNR MHMM19011976201863-Judicial Magistrate (First Class), 63rd Court
Metropolitan Magistrate, Andheri, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--ORDER PASSED
Decision Date: 04th April 2022
TrustJury record updated 27 Sept 2026
Case Overview
- Registration Number
- 737/2018
- Registration Date
- 15 Nov 2018
Advocates
1For Petitioner
For Respondent
Not available
Parties
2Petitioner
Respondent
Acts & Sections
1DRUGS AND COSMETICS ACT · Sec 138
Case History / Proceedings
Case History
Date: 02-03-2019 Business: complainant present. adjourned for court fee and verification Next Purpose: KEEP FOR CONSIDERATION Next Hearing Date: 03-05-2019 Date: 03-05-2019 Business: When called out Complainant and Advocate Absent. Ad. for Court fees and Verification Statement on Next Purpose: KEEP FOR CONSIDERATION Next Hearing Date: 26-07-2019 Date: 26-07-2019 Business: When called out Complainant is present with Advocate. Adj. for Court Fees on Next Purpose: KEEP FOR CONSIDERATION Next Hearing Date: 18-09-2019 Date: 18-09-2019 Business: Complainant present. His Advocate absent. for court fees Next Purpose: KEEP FOR CONSIDERATION Next Hearing Date: 11-11-2019 Date: 11-11-2019 Business: Applicant present. His Advocate present. Ex. 7 An application for submitting defaced court fees on record. Order passed below ex. 5 Issue notice to other side. Next Purpose: KEEP FOR CONSIDERATION Next Hearing Date: 13-01-2020 Date: 13-01-2020 Business: Honble Metropolitan Magistrate is on leave. Charge is with Honble Metropolitan Magistrate 65th Court. Andheri. Case adjourned to. Next Purpose: KEEP FOR CONSIDERATION Next Hearing Date: 10-03-2020 Date: 10-03-2020 Business: 11-03-2020 was holiday. Case carry forwarded till. Next Purpose: KEEP FOR CONSIDERATION Next Hearing Date: 01-06-2020 Date: 01-06-2020 Business: In view of directions issued by the Hon. High Court. Bombay vide office order no. 167 of 2020 in continuation of order no. 66 of 2020 on the context of declaration of Noval Coronavirus - COVID - 19 global pandemic by WHO board is discharged Next Purpose: KEEP FOR CONSIDERATION Next Hearing Date: 29-07-2020 Date: 29-07-2020 Business: In view of directions issued by the Hon. High Court. Bombay vide office order no. 167 of 2020 in continuation of order no. 66 of 2020 on the context of declaration of Noval Coronavirus - COVID - 19 global pandemic by WHO board is discharged. Next Purpose: KEEP FOR CONSIDERATION Next Hearing Date: 20-10-2020 Date: 20-10-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: KEEP FOR CONSIDERATION Next Hearing Date: 25-01-2021 Date: 25-01-2021 Business: complainant present. Advocate for complainant absent . for steps Adj to Next Purpose: KEEP FOR CONSIDERATION Next Hearing Date: 20-03-2021 Date: 20-03-2021 Business: Complainant absent. Advocate for complainant present. tracking record to be taken on record for issue on summons against accused. O/p Issue delay notice through concerned police station. adj. to report Next Purpose: KEEP FOR CONSIDERATION Next Hearing Date: 09-06-2021 Date: 09-06-2021 Business: As per SOP of Honble High Court dated 16-04-2021 and Honble CMM office order no. 679/2021 dated 17-04-2021 and also circular no. 11/2021 dated 22-04-2021, board is discharged. Adjourned due to Covid-19 Next Purpose: KEEP FOR CONSIDERATION Next Hearing Date: 13-07-2021 Date: 13-07-2021 Business: As per SOP of Honble High Court dated 16-04-2021 and Honble CMM office order no. 679/2021 dated 17-04-2021 and also circular no. 11/2021 dated 22-04-2021 and Honble CMM Office- office order no. Estt.16/930/2021 dated 11-06-2021 board is discharged. Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: KEEP FOR CONSIDERATION Next Hearing Date: 07-10-2021 Date: 07-10-2021 Business: Both parties present. Advocate for applicant present. Ex. 8 Advocate Kantharia and Asmita filed VP for respondent. TOR. Ex. 9 An application for adjournment by respondent. o/p granted till next date. for reply of respondent. Next Purpose: KEEP FOR CONSIDERATION Next Hearing Date: 30-10-2021 Date: 30-10-2021 Business: Applicant absent. His Advocate present. Respondent absent. His Advocate present. for say. Next Purpose: KEEP FOR CONSIDERATION Next Hearing Date: 30-11-2021 Date: 30-11-2021 Business: AS PER ROZNAMA Next Purpose: KEEP FOR CONSIDERATION Next Hearing Date: 09-03-2022 Date: 09-03-2022 Business: Complainant present with Advocate. Accused absent. Adv for accused present. Adv for accused filed application for exemption Exh. allowed. also filed reply for condonation of delay. Adj to Next Purpose: KEEP FOR CONSIDERATION Next Hearing Date: 04-04-2022 Date: 04-04-2022 Business: Complainant present with Advocate. accused absent .Adv present order passed below EXh. 4 1. application is allowed subject to payment of cost of Rs. 1000/- 2. concern clerk to register the the complaint U/sec. 138 N.I. Act. Adv for complainant filed vakalatnama Exh. Filed. Adj to Nature Of Disposal: ORDER PASSED Disposal Date: 04-04-2022
Additional Case Details
Additional Case Details
Filing Number: 13756/2018 Filing Date: 02-11-2018 First Hearing Date: 02nd March 2019 Decision Date: 04th April 2022 Court Number And Judge: 63-Judicial Magistrate (First Class), 63rd Court
Orders
1Final Order 104 Apr 2022
04 Apr 2022
Order Details: Order Pdf Text: 1 C.C.No.737/MISC/2018 ORDER BELOW EXH. 4 1. This is an application filed for condonation of delay in filing of criminal complaint under Section-138 of N.I.Act. It is averred that there is delay in filing of complaint. At the relevant time complainant was not feeling well. Hence, the delay was caused. 2. Accused is served with notice. Accused filed its say vide (Exh.11) and opposed the application. 3. I have given sufficient time and opportunity to both the parties. Perused records. 4. Application is supported by affidavit (Exh.5) of the Complainant. Contents of the application and affidavit are the same. 5. In the present case condonation of delay will not cause any injustice to accused. Moreover, the delay cannot be termed as intentional. There is a provision under Section-142 of the N.I. Act, for condonation of delay. Present application can be considered under said provision. With this I pass the following order : ORDER 1) Application is allowed subject to payment of cost of Rs.1,000/- (Rupees One Thousand only). 2) Concerned clerk to register the complaint under Section- 138 of N.I. Act. (S.A.R. Sayed) Metropolitan Magistrate, Date : 04/04/2022 63rd Court, Andheri, Mumbai. -- 1 of 1 --
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