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Summons Private cases SS

M/S. KMG CERAMICS INDIA PVT. LTD.VsSACHIN LEELADHAR GUPTE

CNR MHMM19013481201848-Judicial Magistrate (First Class), 48th Court
CASE DISPOSED
Contested--ACQUITTED
Decision Date: 24th November 2023

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
4906/2018
Registration Date
10 Dec 2018

Advocates

2

For Petitioner

For Respondent

Parties

2

Acts & Sections

1
NEGOTIABLE INSTRUMENTS ACT · Sec 138

Case History / Proceedings

Case History
Date: 09-04-2019
Business: ompt. present with Adv. Ex.4-Court fees deface challan TOR. Ex.5-Verification. Ex.6-Pursis u/s.202 of Cr.P.C. Documents verified. For Order .
Next Purpose: FOR VERIFICATION
Next Hearing Date: 06-05-2019

Date: 06-05-2019
Business: Adv. for compt. pt. Order passed below Ex.1-Process issued.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 11-11-2019

Date: 11-11-2019
Business: Complainant Present. Adv. absent. Accused present with his advocate.  Exh. No. 7-Vakalatnama. Exh. No. 8-Appln for bail O-Accused be released on bail by furnishing P. B. and S. B. of Rs. 15,000/- or same cash in lieu of surety with strict residential proof. Exh. No. 09-Bail Bond. Exh. No. 10-plea.
Next Purpose: FOR HEARING
Next Hearing Date: 11-03-2020

Date: 11-03-2020
Business: Adv for complt pt. Adv for accud ab.
Ex.11- Appln for adj - granted as a last chance.
For evidence.
Next Purpose: FOR HEARING
Next Hearing Date: 29-04-2020

Date: 29-04-2020
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 HEARING
Next Hearing Date: 26-06-2020

Date: 26-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR HEARING
Next Hearing Date: 11-08-2020

Date: 11-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR HEARING
Next Hearing Date: 29-10-2020

Date: 29-10-2020
Business: Board discharged
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 both sides ab.
Next Purpose: FOR HEARING
Next Hearing Date: 24-02-2021

Date: 24-02-2021
Business: Court is Vacant. Board discharged.
Next Purpose: FOR HEARING
Next Hearing Date: 05-07-2021

Date: 05-07-2021
Business: Ld. Metropolitan Magistrate, 48th Court, Andheri, Mumbai is on leave charge is with Ld. Metropolitan Magistrate, 63rd Court, Andheri, Mumbai
Next Purpose: FOR HEARING
Next Hearing Date: 07-09-2021

Date: 07-09-2021
Business: Complainant absent. Ld. Adv. for complainant present. Accused and his advocate absent. Exh. - 12 - Adjournment application of complainant granted as last chance. For Evidence.
Next Purpose: FOR HEARING
Next Hearing Date: 07-10-2021

Date: 07-10-2021
Business: Complainant present. Ld. Adv. for complainant present. Accused and his advocate absent. Exh. - 13 - Affidavit of evidence of Bipin Amritlal Punamiya is read and recorded. Exh. - 14 - List of documents. - O - Seen and accused to say. Exh. - 15 - An application by Ld. Adv. for complainant for NBW against accused and the same is allowed. For Further Chief and Cross examination.
Next Purpose: PART HEARD
Next Hearing Date: 13-10-2021

Date: 13-10-2021
Business: Accused and his advocate present.
Exh. No. 16 - An application for taking matter on today\''s board. O - Allowed.
Exh. No. 17 - An application for cancellation of warrant. O - NBW against accused stands cancelled subject to penalty of Rs. 1500/-
Next Purpose: PART HEARD
Next Hearing Date: 16-11-2021

Date: 16-11-2021
Business: Advocate for complainant present.
Exh. NO. 18 - An application for directing the accused to deposit interim compensation. O - O.S. to say.
For say and evidenece
Next Purpose: PART HEARD
Next Hearing Date: 30-11-2021

Date: 30-11-2021
Business: Adv. for complainant present.
Adv. for accused present.
Exh. NO. 19 - Say on behalf of accused to application U/sec. 143A. by the complainant. O - Seen.
Exh. NO. 20 - An application for complainant on behalf of complainant. O - Adj. granted as a last chance.
For further examination in chief.
Next Purpose: PART HEARD
Next Hearing Date: 01-01-2022

Date: 01-01-2022
Business: Complainant absent. Adv. for complainant present.
Accused and his Adv. present.
Exh. No. 21 - An application by Adv. for complainant for adjournment. O - Adj. granted as a last chance.
For further examination-in-chief.
Next Purpose: PART HEARD
Next Hearing Date: 01-02-2022

Date: 01-02-2022
Business: Adv. for accused present.
Next Purpose: PART HEARD
Next Hearing Date: 23-02-2022

Date: 23-02-2022
Business: Complainant and his Adv. present.
Accused present. Adv. for accused absent.
On S. A. further examination in chief of Complainant by Adv. for complainant.
Ld. Adv. for accused is absent, he has not filed his objection in writing about admissibility of document but accused present in the court has denied all the documents.
Exh. No. 22 -  Ledger account statement supported by certificate U/sec. 65 B of evidence act.
Exh. No. 23 - Original cheque.
Exh. No. 24 - Cheque returned memo.
Exh. No. 25 - Office copy of notice.
Exh. No. 26 - Postal receipt.
Exh. No. 27 - Returned envelope.
Exh. No. 28 - Notice from envelope.
Cross-examination by Adv. for accused.
On oral request of Accused, matter is adjourned for cross-examination till next date.
Next Purpose: PART HEARD
Next Hearing Date: 16-03-2022

Date: 16-03-2022
Business: Adv. for complainant present.
Next Purpose: PART HEARD
Next Hearing Date: 20-04-2022

Date: 20-04-2022
Business: Complainant present. Ld. Adv. for complainant present.
Next Purpose: PART HEARD
Next Hearing Date: 21-06-2022

Date: 21-06-2022
Business: Complainant absent. Adv. for complainant present.
Accused and his Adv. present.
For cross-examination of complainant and order on application by complainant U/sec. 143A.
Next Purpose: PART HEARD
Next Hearing Date: 08-08-2022

Date: 08-08-2022
Business: Complainant present. Adv. for complainant present.
Accused absent. Adv. for accused present.
Exh. No. 30 - An application by Adv. for accused for exemption. O - Granted for today only.
On S. A. cross-examination of Bipin Punamiya by Adv. Manish Kocharekar for accused. Accused and his Adv. are absent when called, hence matter to proceed without cross-examination.
No cross-examination.
Exh. No. 31 - Evidence closing pursis by Adv. for complainant.
Matter is fixed for Statement of Accused U/sec. 313 of Cr.P.C.
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 15-09-2022

Date: 15-09-2022
Business: Complainant absent. Ld Adv. for Complainant Present.
Accused Present. Ld Adv. for accused present.
Exh - 32 - App for setting aside the order of the no Cross. O - Other side to say.
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 13-10-2022

Date: 13-10-2022
Business: Accused Present. Ld Adv. for accused present.
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 11-11-2022

Date: 11-11-2022
Business: Complainant absent. Ld. Adv. for complainant present. Accused present with advocate. Exh. - 35 - Say filed by Ld. Adv. for complainant on setting aside no cross order application at Exh. - 32 filed by Ld. Adv. for accused. Heard both sides on Exh. - 32 and no cross order is set aside subject to cost of Rs. 4000/- to complainant by accused. For cross
Next Purpose: PART HEARD
Next Hearing Date: 08-12-2022

Date: 08-12-2022
Business: Complainant absent. Ld Adv. for complainant present.
Accused Present. Ld Adv. for accused present.
Exh - 36 - App for adjournment on behalf of complainant . O - Adjournment granted as a last chance.
Next Purpose: PART HEARD
Next Hearing Date: 16-01-2023

Date: 16-01-2023
Business: Complainant Present. Ld Adv. for complainant present.
Accused Present. Ld Adv. for accused present.
Exh - 37 - List of documents.
O - Seen and Accused to say about admissibility of documents.
Exh.No.13 contd.Page No-07.
In view of order passed below Exh.32, no cross order is set-aside and permission granted to accused to conduct the cross-examination subject to payment of cost of Rs. 4000/- to the complainant.
On S.A.cross-examination of Bipin Punamiya by Adv. Manish Kocharekar for accused.
Cross-examination is over.
No re-examination.
Next Purpose: PART HEARD
Next Hearing Date: 06-02-2023

Date: 06-02-2023
Business: Complainant absent. Ld Adv. for complainant present.
Accused Present. Ld Adv. for accused present.
Exh - 38 - Purses. O - Seen.
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 24-02-2023

Date: 24-02-2023
Business: Complainant absent. Ld Adv. for complainant present.
Accused Present. Ld Adv. for accused present.
Exh - 39 - Statement of accused Sachin Liladhar Gupte u/sec of Cr.P.C.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 09-03-2023

Date: 09-03-2023
Business: Complainant absent. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused present.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 03-04-2023

Date: 03-04-2023
Business: Complainant Present. Ld Adv. for complainant present.
Accused Present. Ld Adv. for accused present.
Exh - 40 - Written argument on behalf of complainant. O - Seen.
For Accused Arguments.
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: 21-04-2023

Date: 21-04-2023
Business: Complainant absent. Ld Adv. for complainant present.
Accused Present. Ld Adv. for accused present.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 07-06-2023

Date: 07-06-2023
Business: Accused Present. Ld Adv. for accused present.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 28-06-2023

Date: 28-06-2023
Business: Complainant absent. Ld Adv. for complainant present.
Accused Present. Ld Adv. for accused absent.
Exh - 42 - App for adjournment on behalf of accused O - Already sufficient time granted. No proper reasons Still one more adjournment granted as a last chance.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 28-07-2023

Date: 28-07-2023
Business: Complainant absent. Ld Adv. for complainant present.
Accused Present. Ld Adv. for accused present.
Exh - 43 - Written notes of argument on behalf of the argument O - Seen.
Exh - 44 - List of documents
O - Seen.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 10-08-2023

Date: 10-08-2023
Business: Complainant absent. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused present.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 28-08-2023

Date: 28-08-2023
Business: Accused Present. Ld Adv. for accused present.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 03-10-2023

Date: 03-10-2023
Business: Complainant absent. Ld Adv. for complainant present.
Accused Present. Ld Adv. for accused present.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 03-11-2023

Date: 03-11-2023
Business: Complainant absent. Ld Adv. for complainant present.
Accused Present. Ld Adv. for accused present.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 24-11-2023

Date: 24-11-2023
Business: Complainant Present. Ld. Adv for complainant Present. Accused Present. Ld. Adv for accused Present.
Order Below Exh-45
1]	Accused Sachin Leeladhar Gupte is hereby acquitted vide Section 255(1) of Criminal Procedure code for an offence punishable under Section 138 of the Negotiable Instruments Act.
2]   Bail bond of accused stands canceled.
3] Accused shall execute P.R. Bond of Rs. 15,000/-, to appear before the Higher Court as and when such court issues notice in respect of any appeal or petition filed against this judgment, vide section 437 (A) of the Code of Criminal Procedure.  Said bail bonds shall be in force for Six Months.

(Judgment is dictated and pronounced in open court.)
Nature Of Disposal: ACQUITTED
Disposal Date: 24-11-2023

Additional Case Details

Additional Case Details
Filing Number: 15672/2018
Filing Date: 10-12-2018
First Hearing Date: 09th April 2019
Decision Date: 24th November 2023
Court Number And Judge: 48-Judicial Magistrate (First Class), 48th Court

Orders

1
Final Order 1Full order available
24 Nov 2023

Order Details: Copy of Judgment Pdf Text: 1 C. C. No. 4906/SS/2018 Filed on : 10/12/2018 Registered on : 10/12/2018 Decided on : 24/11/2023 Duration : 04Y. 11M. 14D. IN THE COURT OF METROPOLITAN MAGISTRATE 48TH COURT ANDHERI MUMBAI (Presided over by K. G. Sawant) Case No. 4906/SS/2018 CNR: MHMM190134812018 Exh. No. M/s. KMG Ceramics India Pvt. Ltd. A Company registered under the Companies Act, having address at 001, Manav Mansion, Sarojini Road, Next to Mc. Donalds, VileParle (W), Mumbai…

Read Full Order

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