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Misc. case

HITESH MANIRAM TIWARIVsDHARMESH R JHAVERI

CNR MHMM19011976201863-Judicial Magistrate (First Class), 63rd Court
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

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    DRUGS 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

    1
    Final Order 1
    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.
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