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Summons Private cases SS

ABHINAV PRASADVsM/S MASKA PAV PRODUSTIONS PVT LTD +2 more

CNR MHMM19013626201844-Judicial Magistrate (First Class), 44th Court
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 23rd March 2023

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
4989/2018
Registration Date
14 Dec 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    4

    Acts & Sections

    1
    NEGOTIABLE INSTRUMENTS ACT · Sec 138

    Case History / Proceedings

    Case History
    Date: 11-02-2019
    Business: Ld. M.M. is deputed on Jail  Visit duty. Board discharged. Charge with M.M. 63 rd court. Ex.10-Court fee deface challan TOR.
    Next Purpose: FOR VERIFICATION
    Next Hearing Date: 06-04-2019
    
    Date: 06-04-2019
    Business: As 06-04-2019 declared holiday on account of Gudhipadawa. Board discharged.
    Next Purpose: FOR VERIFICATION
    Next Hearing Date: 29-05-2019
    
    Date: 29-05-2019
    Business: ADv. for compt. pt. Ex. Appln. for exemption of comptt. and Adj. -Allowed.
    Next Purpose: FOR VERIFICATION
    Next Hearing Date: 16-07-2019
    
    Date: 16-07-2019
    Business: Adv. for compt. pt. Ex.11-List of documents. Ex.12- Verification. Documents verified. Keep for arguments as to why accd. no. 3 made party.
    Next Purpose: FOR VERIFICATION
    Next Hearing Date: 18-09-2019
    
    Date: 18-09-2019
    Business: Adv. for compt. pt. Ex. 13-List of documents. Order passed below Ex.1-Process issued.
    Next Purpose: NOT HEARD AT 2.45 P.M.
    Next Hearing Date: 13-03-2020
    
    Date: 13-03-2020
    Business: Ld. M.M. is on Leave. Charge with Ld.M.M. 63rd court. Board discharged.
    Next Purpose: NOT HEARD AT 2.45 P.M.
    Next Hearing Date: 27-05-2020
    
    Date: 27-05-2020
    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: 09-09-2020
    
    Date: 09-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NOT HEARD AT 2.45 P.M.
    Next Hearing Date: 03-12-2020
    
    Date: 03-12-2020
    Business: Adv for complt pt
    for steps.
    Next Purpose: NOT HEARD AT 2.45 P.M.
    Next Hearing Date: 15-01-2021
    
    Date: 15-01-2021
    Business: Court is vacant. Board discharged.
    Next Purpose: NOT HEARD AT 2.45 P.M.
    Next Hearing Date: 03-04-2021
    
    Date: 03-04-2021
    Business: Court is vacant. Board discharged Charge with 65th Court, Andheri, Mumbai.
    Next Purpose: NOT HEARD AT 2.45 P.M.
    Next Hearing Date: 30-07-2021
    
    Date: 30-07-2021
    Business: Both parties absent.
    Next Purpose: NOT HEARD AT 2.45 P.M.
    Next Hearing Date: 14-10-2021
    
    Date: 14-10-2021
    Business: Advocate for complainant present.
    Exh. No. 1 - An application for issuing B/W. O - Issue B/W of Rs. 10000/- against accused.
    For report and steps.
    Next Purpose: NOT HEARD AT 2.45 P.M.
    Next Hearing Date: 21-10-2021
    
    Date: 21-10-2021
    Business: Exh. - 15 - An application of TOB of Ld. Adv. for accused is granted. Exh. - 16 - Vakalatnama filed by Ld. Adv. for accused. Exh. - 17 - An application for cancellation of warrant issued against accused Nos. 02 and 03 and the same is cancelled on admonation. Exh. - 18 - An application for bail of accused Nos. 02 and 03 - O - Accused Nos. 02 and 03 are released on bail on executing cash security of Rs. 10000/- each and PR Bond of Rs. 10000/- each. Exh. 19 to Exh. - 20 - PR Bonds and Cash Bonds of accused Nos. 02 and 03 respectively. Exh. - 21 - Plea of accused 01 to 03 is recorded, they pleaded not guilty to the charge. For Evidence.
    Next Purpose: FOR HEARING
    Next Hearing Date: 04-01-2022
    
    Date: 04-01-2022
    Business: Complainant and his Adv. present.
    Accused absent. Adv. for accused present.
    Exh. No. 22 - An affidavit in lieu of examination-in-chief. O - Read and recorded.
    Exh. No. 23 - List of documents. O - Call say of accused about admissibility of documents.
    Exh. No. 24 - Memo of appearance by Adv. for accused. O - Seen.
    Exh. No. 25 - An application by Adv. for accused for Exemption. O - Granted.
    For further examination-in-chief.
    Matter is fixed on 21-01-2022, in 1st session.
    Next Purpose: PART HEARD
    Next Hearing Date: 21-01-2022
    
    Date: 21-01-2022
    Business: Adv. for complainant present.
    Adv. for accused no. 3 present.
    Next Purpose: PART HEARD
    Next Hearing Date: 17-02-2022
    
    Date: 17-02-2022
    Business: Complainant present with advocate. Accused No. 02 present. Ld. Adv. for accused Nos. 01 to 03 present. Further examination in chief of Abhinav Prasad on Exh. - 22 by Ld. Adv. Dhaneshwari Choudhary for the complainant resumed on S. A. Cross examination by Ld. Adv. Nasreen Shaikh for accused nos. 01 and 02 is adjourned till next date on oral request.
    Next Purpose: PART HEARD
    Next Hearing Date: 09-03-2022
    
    Date: 09-03-2022
    Business: Complainant present. Ld. Adv. for complainant present.  Accused and his advocate Present. Exh - 32- App for adjournment of Accused. O - Granted.
    Next Purpose: PART HEARD
    Next Hearing Date: 28-03-2022
    
    Date: 28-03-2022
    Business: Complainant absent. Ld. Adv. for complainant present. Accused absent. Ld. Adv. for accused Present. Exh - 33 - App For Exemption for accused no-2. O -Granted. Exh - 34 - App For Adjournment for the complainant. O-Granted.
    Next Purpose: PART HEARD
    Next Hearing Date: 20-04-2022
    
    Date: 20-04-2022
    Business: Adv. for accused present.
    Exh. No. 35 - An application by Adv. for accused for exemption. O - Granted for today only.
    For cross-examination.
    Next Purpose: PART HEARD
    Next Hearing Date: 21-06-2022
    
    Date: 21-06-2022
    Business: Complainant present. Adv. for complainant absent.
    Accused and his Adv. present.
    Exh. No. 36 - An application by Adv. for accused for adjournment. O - Adj. granted as a last chance.
    Exh. No. 37 - An application by Adv. for complainant for passing No cross order against the accused no. 1 and 2. O - O. S. to say.
    For say and order on Exh. No. 37.
    Next Purpose: PART HEARD
    Next Hearing Date: 06-07-2022
    
    Date: 06-07-2022
    Business: Complainant absent. Ld. Adv. for complainant present. Accused absent Ld. Adv. for accused Present.
    Exh - 38 - App for exemption of accused.
    O - Granted.
    Next Purpose: PART HEARD
    Next Hearing Date: 04-08-2022
    
    Date: 04-08-2022
    Business: Ld. Metropolitan Magistrate, 48th Court, Andheri, Mumbai is on leave in 1st session, charge is with Ld. Metropolitan Magistrate, 10th Court, Andheri, Mumbai. Board Discharged.
    Next Purpose: PART HEARD
    Next Hearing Date: 17-09-2022
    
    Date: 17-09-2022
    Business: Ld.Metropolitan Magistrate is on Leave, in 1st session charge with Ld. Metropolitan, Railway Mobile court, Andheri, Mumbai.
    Next Purpose: PART HEARD
    Next Hearing Date: 31-10-2022
    
    Date: 31-10-2022
    Business: In view of letter bearing no. 449/2022, dt. 12/10/2022 from the Honourable Chief Metropolitan Magistrate\''s office, Esplanade, Mumbai and order dated 31/10/2022 passed by Honourable Metropolitan Magistrate, 48th Court, Andheri, Mumbai this case is transferred to the Honourable Metropolitan Magistrate\''s, 44th Court, Andheri, Mumbai.
    Next Purpose: PART HEARD
    Next Hearing Date: 07-11-2022
    
    Date: 07-11-2022
    Business: Adj with other cases.
    04-03-2023
    Next Purpose: PART HEARD
    Next Hearing Date: 04-03-2023
    
    Date: 04-03-2023
    Business: Complainant present with advocate.
    Accused is present with advocate.
    Evidence is filed today.
    Adj with C.C. NO.
    2006/SS/2017
    10-03-2023
    Next Purpose: PART HEARD
    Next Hearing Date: 10-03-2023
    
    Date: 10-03-2023
    Business: Complainant and his advocate are absent when matter is called out.
    Accused and his advocate are present.
    for dismissal.
    17-03-2023
    Next Purpose: PART HEARD
    Next Hearing Date: 17-03-2023
    
    Date: 17-03-2023
    Business: Both parties advocate are not appear today before this court.
    23-03-2023
    Next Purpose: PART HEARD
    Next Hearing Date: 23-03-2023
    
    Date: 23-03-2023
    Business: Complainant and his advocate are absent when matter is called out.
    Accused and his advocate are present.
    The case is dismissed for in default.
    For reason separately recorded.
    Hence disposed.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 23-03-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 15984/2018
    Filing Date: 14-12-2018
    First Hearing Date: 11th February 2019
    Decision Date: 23rd March 2023
    Court Number And Judge: 44-Judicial Magistrate (First Class), 44th Court

    Orders

    1
    Final Order 1
    23 Mar 2023
    Order Details: Order below Ex-1
    Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
    44TH COURT, ANDHERI, MUMBAI
    C.C. NO. 4404989/SS/2018
    ABHINAV PRASAD, .…. Complainant
    Vs.
    M/s. Maska Pav Productions
    Private Limited and 2 Ors., ….. Accused
    Complaint under Section 138 of N.I.Act
    ORDER BELOW EXH.1
    Present matter is pending for crossexamination. Today
    complainant and his advocate are absent. The accused and their
    advocates are present. Previously also complainant and his advocate
    are absent. They have not filed any application for adjournment on
    present date as well as to previous date. Therefore, the Court can
    presume the complainant has no interest to conduct the case, hence I
    have no left option except to pass the following order:
    O R D E R
    The case is dismissed in default, hence, proceeding is closed.
    Sd/
    (A. I. Shaikh)
    Metropolitan Magistrate,
    44th Court, Andheri, Mumbai.
    Date : 23.03.2023
    spj
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