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SHREM INVESTMENTS PVT LTDVsKISHOR LADULAL GOKHRU +1 more

CNR MHMM19013740201848-Judicial Magistrate (First Class), 48th Court
CASE DISPOSED
Contested--CONVICTED
Decision Date: 10th May 2024

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number
4471/2018
Registration Date
02 Nov 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    DRUGS AND COSMETICS ACT · Sec 138

    Case History / Proceedings

    Case History
    Date: 28-02-2019
    Business: complainant absent holding advocate present. adjourned for defaced copy of challan and verification
    Next Purpose: FOR VERIFICATION
    Next Hearing Date: 09-05-2019
    
    Date: 09-05-2019
    Business: When called out complainant present with Adv. Exh. 4 V.P. Exh. 5 CF application Exh. 6 verification statement Exh. 7 202 pursis order passed below Exh. 1 issue process against accused no 1. SS R/o
    Next Purpose: NOT HEARD CASES
    Next Hearing Date: 22-08-2019
    
    Date: 22-08-2019
    Business: Complainant absent.  His Advocate present.  Accused absent.  Ex. 4 An application for   fresh summons.  o/p Reissue summons as prayed.  for report.
    Next Purpose: NOT HEARD CASES
    Next Hearing Date: 18-12-2019
    
    Date: 18-12-2019
    Business: Complainant representative absent.  Advocate for complainant  present.  Accused present.  Ex. 5  Advocate S.N. Imam submitted VP  for accused.  Filed.  Ex. 6 An application for bail on behalf of accused. o/p  Accused be released on PR bond and cash bond of Rs. 5000.  Accused to submit  self attested copy of adhar card.   Ex.  7   Bail bond of accused.   Ex. 8  Plea of accused recorded.  APNG.   for evidence.
    Next Purpose: FOR HEARING
    Next Hearing Date: 15-02-2020
    
    Date: 15-02-2020
    Business: Complainant absent.
    Advocate for complainant present. Accused absent.
    Advocate for accused present.
    Advocate for accused filed application for exemption Exh. 9
    O/p allowed.
    Advocate for applicant filed application for adjournment Exh. 10 o/p allowed as last chance.
    Adj to
    Next Purpose: FOR HEARING
    Next Hearing Date: 23-06-2020
    
    Date: 23-06-2020
    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: FOR HEARING
    Next Hearing Date: 30-07-2020
    
    Date: 30-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR HEARING
    Next Hearing Date: 09-10-2020
    
    Date: 09-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR HEARING
    Next Hearing Date: 13-01-2021
    
    Date: 13-01-2021
    Business: Both sides absent.  Their Advocates present.   By consent adjd. for evidence.
    Next Purpose: FOR HEARING
    Next Hearing Date: 01-04-2021
    
    Date: 01-04-2021
    Business: Complainant and his advocate present. Accused absent his advocate present. Application for exemption of accused O/p granted as a last chance. Affidavit of evidence in terms of sec. 145 of the N.I. act. O/p Read and record. Original document submit. adj. to
    Next Purpose: FOR HEARING
    Next Hearing Date: 27-07-2021
    
    Date: 27-07-2021
    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.
    
    
    Adjourned due to Covid-19
    Next Purpose: FOR HEARING
    Next Hearing Date: 06-10-2021
    
    Date: 06-10-2021
    Business: Both sides absent. Their Advocates  present.  for   exhibiting documents.
    Next Purpose: PART HEARD
    Next Hearing Date: 26-11-2021
    
    Date: 26-11-2021
    Next Purpose: PART HEARD
    Next Hearing Date: 26-11-2021
    
    Date: 26-11-2021
    Business: Case TOB Complaint transfer from 63rd M.M Andheri, Mumbai. As per Order dt. Vide O. W. No. 424/2021 Dt 20.11.2021 as per transfer Application No. 57/TA/2021 Case Adj.
    Next Purpose: PART HEARD
    Next Hearing Date: 02-03-2022
    
    Date: 26-11-2021
    
    Date: 02-03-2022
    Business: Complainant and his Adv. present.
    Accused and his Adv. present.
    On S.A. further examination-in-chief of Vinit Taparia by Advocate  Rahul Sachdev for the complainant.
    Ld. Advocate for accused Shri S. N. Imam has denied all the documents.
    Exh.  13 - Notarized copy of board resolution
    Exh.  14 - Minutes of meetings dated 05/08/2016
    Exh.  15 - Copy of terms sheet
    Exh.  16 to 18 - Three disputed original cheques
    Exh.  19 to 21 - Three cheque returned memos
    Exh.  22 - Copy of statutory notice
    Exh.  23 to 26 - Postal receipts
    Exh.  27 - Letter issued by postal department
    Exh.  28 to 30 - Returned envelope
    Article -A collectively - Track report
    Cross-examination by Adv. S. N. Imam  for accused
    On oral request of advocate for accused, matter is adjourned for cross-examination till next date.
    Next Purpose: PART  HEARD AT  2.45P.M.
    Next Hearing Date: 28-03-2022
    
    Date: 28-03-2022
    Business: Adv. for complainant present.
    Exh. No. 31 - An application by Adv. for complainant for adjournment. O - Adj. Granted.
    For cross-examination.
    Next Purpose: PART  HEARD AT  2.45P.M.
    Next Hearing Date: 27-04-2022
    
    Date: 27-04-2022
    Business: Complainant present. Ld. Adv. for complainant present. Accused absent.  Ld. Adv. for accused present.
    Exh - 32 - App for Adjournment of behalf accused. O - Adjournment granted as last chance.
    Next Purpose: PART  HEARD AT  2.45P.M.
    Next Hearing Date: 09-06-2022
    
    Date: 09-06-2022
    Business: Complainant and his Adv. present.
    Adv. for accused present.
    
    For cross-examination.
    Next Purpose: PART  HEARD AT  2.45P.M.
    Next Hearing Date: 14-07-2022
    
    Date: 14-07-2022
    Business: Complainant present.  Ld. Adv. For Complainant present. Accused and  Ld. Adv. for accused Present.
    For cross-examination.
    Next Purpose: PART  HEARD AT  2.45P.M.
    Next Hearing Date: 04-08-2022
    
    Date: 04-08-2022
    Business: Complainant and his Adv. present.
    Adv. for accused present.
    Exh. No. 33 - An application by Adv. for accused for adjournment. O - O. S. to say. Say filed. O - Granted as a last chance.
    For cross-examination.
    Next Purpose: PART  HEARD AT  2.45P.M.
    Next Hearing Date: 18-08-2022
    
    Date: 18-08-2022
    Business: Complainant absent.  Ld. Adv. for complainant present.   Accused and Ld. Adv. for accused Present.
    On oral request of both parties case is adjourned on next date
    Next Purpose: PART  HEARD AT  2.45P.M.
    Next Hearing Date: 15-09-2022
    
    Date: 15-09-2022
    Business: Complainant and his Adv. present.
    Accused and his Adv. present.
    For cross-examination.
    Next Purpose: PART  HEARD AT  2.45P.M.
    Next Hearing Date: 20-10-2022
    
    Date: 20-10-2022
    Business: Complainant absent. Ld Adv. for complainant present. Bank Witness Present
    Accused Present. Ld Adv. for accused present.
    Exh - 32 - Joint purses. O - Seen.
    Exh - 31 - Purses of closing evidence.
    O - Seen.
    Next Purpose: FOR STATEMENT U/sec 313
    Next Hearing Date: 30-11-2022
    
    Date: 30-11-2022
    Business: Complainant absent. Ld Adv. for complainant present.
    Accused absent. Ld Adv. for accused present.
    Exh - 33 - App for exemption of accused
    O - Granted.
    Exh - 34 - App for adjournment on behalf of accused. O - Granted as a last chance.
    Next Purpose: FOR STATEMENT U/sec 313
    Next Hearing Date: 15-12-2022
    
    Date: 15-12-2022
    Business: Complainant absent. Adv. for complainant present.
    Accused present. Adv. for accused present.
    Exh. No. 35 - Statement of Accused U/sec. 313 of Cr. P. C.
    Matter is fixed for defence evidence on 31-01-2023, in 2nd session.
    Next Purpose: PART  HEARD AT  2.45P.M.
    Next Hearing Date: 31-01-2023
    
    Date: 31-01-2023
    Business: Complainant absent. Ld Adv. for complainant present.
    Accused absent. Ld Adv. for accused present.
    Exh - 36 - App for exemption on behalf of accused. O - Granted.
    Exh - 37 - App for adjournment on behalf of complainant. o - Adjournment granted as a last chance .
    Next Purpose: PART  HEARD AT  2.45P.M.
    Next Hearing Date: 17-03-2023
    
    Date: 17-03-2023
    Business: Ld Adv. for complainant present.
    Accused Present.
    Next Purpose: PART  HEARD AT  2.45P.M.
    Next Hearing Date: 28-04-2023
    
    Date: 28-04-2023
    Business: Complainant absent. Ld Adv. for complainant present.
    Accused Present. Ld Adv. for accused present.
    Next Purpose: PART  HEARD AT  2.45P.M.
    Next Hearing Date: 26-06-2023
    
    Date: 26-06-2023
    Business: Complainant absent. Ld Adv. for complainant present.
    Accused absent. Ld Adv. for accused present.
    Exh - 38- App for adjournment and Exemption on behalf of accused.
    o - Adjournment granted as a last chance
    Next Purpose: PART  HEARD AT  2.45P.M.
    Next Hearing Date: 17-07-2023
    
    Date: 17-07-2023
    Business: Complainant absent. Ld Adv. for complainant present.
    Accused Present. Ld Adv. for accused present.
    Exh - 39 - App for issue of summons to Mr. Dilip Nabera. O - Issue summons to witness as prayed.
    Next Purpose: PART  HEARD AT  2.45P.M.
    Next Hearing Date: 09-08-2023
    
    Date: 09-08-2023
    Business: Complainant Present. Ld Adv. for complainant present.
    Accused Present. Ld Adv. for accused present.
    Exh - 40 - App for adjournment on behalf of accused. o - Adjournment granted as a last chance
    Next Purpose: PART  HEARD AT  2.45P.M.
    Next Hearing Date: 08-09-2023
    
    Date: 08-09-2023
    Business: Complainant Present. Ld Adv. for complainant present.
    Accused Present. Ld Adv. for accused present.
    Exh. 41
    Deposition of witness No.1 on behalf of accused.
    On S.A. Examination-in-chief by Adv. S.N. Imam for the accused.
    Cross-examination by Adv. Smt. Barakha Shrof for the complainant.
    ( On Oral request of advocate for complainant, matter is adjourned for cross-examination on next date. )
    Exh - 42 - App for production of document.
    Exh - 43 - List of documents.
    Next Purpose: PART  HEARD AT  2.45P.M.
    Next Hearing Date: 12-10-2023
    
    Date: 12-10-2023
    Business: Complainant Present. Ld Adv. for complainant present.
    Accused Present. Ld Adv. for accused present.
    Exh. No. 41 contd. Page No. 4
    On S.A. Cross-examination of Kishor Gokaru by Advocate Mr. Yogesh Israni for complainant.
    Cross-examination is over.
    No re-examination.
    Next Purpose: PART  HEARD AT  2.45P.M.
    Next Hearing Date: 07-11-2023
    
    Date: 07-11-2023
    Business: Complainant absent. Ld Adv. for complainant present.
    Accused Present. Ld Adv. for accused present.
    Exh - 47 - App for issue summons to bank witness of accused bank
    O - Issue summons to bank witness as prayed.
    Next Purpose: PART  HEARD AT  2.45P.M.
    Next Hearing Date: 13-12-2023
    
    Date: 13-12-2023
    Business: Adv. for complainant present.
    Adv. for accused present.
    Exh. No. 48 - Deposition of witness no. 2 on behalf of accused.
    Exh. No. 49 - An application by Adv. for complainant for production of document.
    Exh. No. 50 - List of document.
    Exh. No. 51 - Letter of authority.
    Exh. No. 52 - Photocopy of I. D. Card.
    Exh. No. 53 - Bank account statement.
    Exh. No. 54 - Account opening form.
    Cross-examination by Adv. Yogesh Israni for complainant.
    Cross-examination is over.
    No re-examination.
    Next Purpose: PART  HEARD AT  2.45P.M.
    Next Hearing Date: 25-01-2024
    
    Date: 25-01-2024
    Business: Complainant Present. Ld Adv. for complainant present.
    Accused absent. Ld Adv. for accused present.
    Next Purpose: FOR ARGUMENT AT 2.45
    Next Hearing Date: 23-02-2024
    
    Date: 23-02-2024
    Business: Complainant absent. Ld Adv. for complainant present.
    Accused absent. Ld Adv. for accused present.
    Exh - 55 - App for adjournment on behalf of accused. o - Adjournment granted as a last chance
    Exh - 56 -  App for exemption on behalf of accused. O - Granted.
    Next Purpose: FOR ARGUMENT AT 2.45
    Next Hearing Date: 02-04-2024
    
    Date: 02-04-2024
    Business: Complainant absent. Ld Adv. for complainant present.
    Accused Present. Ld Adv. for accused present.
    Next Purpose: FOR ARGUMENT AT 2.45
    Next Hearing Date: 10-04-2024
    
    Date: 10-04-2024
    Business: Complainant absent. Ld Adv. for complainant present. Accused absent. Ld Adv. for accused present.
    Exh - 57 - App for adjournment on behalf of accused. o - Adjournment granted as a last chance
    Next Purpose: FOR ARGUMENT AT 2.45
    Next Hearing Date: 20-04-2024
    
    Date: 20-04-2024
    Business: Complainant absent. Ld Adv. for complainant present.
    Accused Present. Ld Adv. for accused present.
    Exh - 55 - Written argument on behalf of complainant. O - Seen.
    Exh - 56 - Written argument on behalf of accused. O - Seen.
    Next Purpose: FOR JUDGMENT
    Next Hearing Date: 10-05-2024
    
    Date: 10-05-2024
    Business: Complainant Present. Ld Adv. for complainant present.
    Accused Present. Ld Adv. for accused present.
    Order Below Exh-57
    i.	The accused Mr. Kishor Ladulal Gokhru is hereby convicted for the offence punishable under section 138 of the Negotiable Instrument Act, 1881 vide section 255(2) of the Code of Criminal Procedure, 1973.
    ii.	Accused is hereby sentenced to suffer simple imprisonment for period of Six months and he shall pay compensation of Rs. 10,50,000/- (Rs. Ten Lacs Fifty Thousands) to the complainant vide Section 357(3) of the Code of Criminal Procedure. Accused shall pay above amount of compensation within two months from today, in default of payment of compensation, accused shall suffer further simple imprisonment for the period of One Month.
    iii.	The amount of compensation realized from the accused, shall be paid to the complainant, subject to expiry of the appeal period or the orders of Honourable Appellate Court (if any).
    iv.	 Accused to surrender his bail bonds.
    v.	No question of set-off under section 428 of the Code of Criminal Procedure, 1973, as the accused has not spent any period in the custody during the trial.
    vi.	The copy of this Judgment be provided free of cost to the accused, immediately after it is prepared, in view of section 363(1) of the Code of Criminal Procedure, 1973.
    vii.  	Dictated and pronounced in open court.
    Nature Of Disposal: CONVICTED
    Disposal Date: 10-05-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 813771/2018
    Filing Date: 02-11-2018
    First Hearing Date: 28th February 2019
    Decision Date: 10th May 2024
    Court Number And Judge: 48-Judicial Magistrate (First Class), 48th Court

    Orders

    1
    Final Order 1Full order available
    10 May 2024

    Order Details: Copy of Judgment Pdf Text: 1 C. C. No.4471/SS/2018 Filed on : 02/11/2018 Registered on : 02/11/2018 Decided on : 10/05/2024 Duration : 05Y. 06M. 08D. IN THE COURT OF METROPOLITAN MAGISTRATE 48TH COURT ANDHERI MUMBAI (Presided over by K. G. Sawant) Case No.4471/SS/2018 CNR: MHMM190137402018 Exh. No. Shrem Investments Pvt. Ltd. 1101, Viraj Towers, Junction of AndheriKurla Road, Western Express Highway, Andheri East, Mumbai – 400 069. Through its Authorized Signatory Vineet Radheshyam Taparia. …Complainant Versus Mr.…

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