Date: 19-06-2019
Business: Adv. for compt. pt. Ex. 6-Appln. for fresh summons- Issue.
for report.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 26-09-2019
Date: 26-09-2019
Business: Adv. for compt. pt. Ex. 7-Appln. for fresh summons- Issue. for report.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 20-01-2020
Date: 20-01-2020
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: 06-03-2020
Date: 06-03-2020
Business: Complainant present
Ld Adv for the complainant present
Exh - 08 - An application for reissue of summons to the accused through the Suptd of Police, Unnao, UP and it is directed to reissue summons.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 24-07-2020
Date: 24-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 14-10-2020
Date: 14-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 09-03-2021
Date: 09-03-2021
Business: Court is Vacant. Board discharged.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 19-04-2021
Date: 19-04-2021
Business: COURT IS VACANT. CHARGE WITH LD. METROPOLITAN MAGISTRATE 63RD COURT, BOARD DISCHARGED.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 24-06-2021
Date: 24-06-2021
Business: Complainant present. Ld. Adv for complainant present. Exh. - 09 - An application by the Ld. Adv for complainant for reissue of summons through Superintendent of Police, Unnao, Uttar Pradesh, the same granted.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 02-08-2021
Date: 02-08-2021
Business: Complainant present. Ld. Adv. for complainant present. Accused absent. Ld. Adv. for accused absent. For steps.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 25-08-2021
Date: 25-08-2021
Business: Complainant absent. Ld. Adv. for complainant present. Accused and Ld. Adv. for accused absent. Exh. - 10 - An application by the Ld. Adv. for the complainant for issuance of BWT against the accused through the S. P. of Unnao, U. P. and in view of the same it is directed to issue BWT of Rs. 10000/- against the accused. For steps.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 08-11-2021
Date: 08-11-2021
Business: Ld. Metropolitan Magistrate, 48th Court, Andheri, Mumbai is on leave charge is with Ld. Metropolitan Magistrate, 63rd Court, Andheri, Mumbai. Board discharged.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 18-01-2022
Date: 18-01-2022
Business: Complainant absent. Ld. Adv. for complainant present. Accused and Ld. Adv. for accused absent.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 04-04-2022
Date: 04-04-2022
Business: Complainant present. Ld. Adv. for complainant present. Accused and Ld. Adv. for accused absent. Exh - 11 - App for issue of NBW against the accused through the Supted of Police, kanpur, U.P. at new address of accused. O - Case is old once accused is avoiding to appear. Hence Issue NBW against accused.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 06-07-2022
Date: 06-07-2022
Business: Complainant absent. Ld. Adv. for complainant present.
Exh - 12 - App for Re-issue of warrant against against the accused though commissioner of Police, kanpur.
O - Re-issue of NBW against accused.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 20-09-2022
Date: 20-09-2022
Business: Complainant absent. Ld Adv. for complainant present.
Exh - 13 - App for fresh BW against the accused. O - Re-issue BW of Rs.10000/- against the accused.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 23-12-2022
Date: 23-12-2022
Business: Accused and his adv. present.
Exh. No. 14 - An application by Adv. for accused for taking matter on today\''s board. O - Allowed.
Exh. No. 15 - V. P. filed by Adv. for accused. O - Seen.
Exh. No. 16 - An application by Adv. for accused for cancellation of NBW. O - NBW against accused stands cancelled subject to penalty of Rs. 1000/-
Exh. No. 17 - An application by Adv. for accused for bail. O - Accused is released on bail on executing PR bond of Rs. 15000/- and on depositing cash security of Rs. 10000/-
For bail compliance and plea.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 04-01-2023
Date: 04-01-2023
Business: Complainant absent. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused present.
Exh - 15 - Plea recorded though Adv.
Next Purpose: FOR HEARING
Next Hearing Date: 17-03-2023
Date: 17-03-2023
Business: Accused Present.Ld Adv. for accused present.
Exh - 16 - PR bond and Cash Bond.
Next Purpose: FOR HEARING
Next Hearing Date: 04-05-2023
Date: 04-05-2023
Business: Complainant Present. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused present.
Exh - 17 - Affidavit of evidence of the complainant
u/sec 145 of the NI Act.
O - Read and Record.
Exh - 18 - List of document.
O - Accused to say about admissibility of document.
Exh - 19 - App for interim compensation u/sec 143A of NI Act.
O - Other side to say.
Next Purpose: PART HEARD
Next Hearing Date: 07-07-2023
Date: 07-07-2023
Business: Complainant Present. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused absent.
Exh. No. 17 contd. Page No. 07.
On S.A. further examination-in-chief of Atul Khare by Advocate Ravindra Tandekar for the complainant.
I have filed my affidavit of examination-in-chief which bears my signature, contents are true and correct, it is at Exh-17.
I have filed documents along with list at Exh- 18
Accused and his advocate are absent when called.
Exh - 20 - Extract of resolution
Exh - 21 - Verified copy of minute book
Exh - 22 to 31 - Invoices
Exh - 32 - Statement of account
Exh - 33 - Original cheque.
Exh - 34 - Cheque depositing ship
Exh - 35 - Cheque returned memo.
Exh - 36 - Office copy of notice
Exh - 37 - Postal receipt.
Exh - 38 - Email dated 13/11/2018 accompanied with certificate u/sec 65(b)
Cross-examination by Advocate for accused.
Accused and his advocate are absent when called, hence matter to proceed without cross-examination.
No re-examination.
Exh - 39 - Evidence closing purses.
O - Seen.
Exh - 40 - App for issue NBW against the accused. O - issue NBW against the accused.
Next Purpose: PART HEARD
Next Hearing Date: 17-07-2023
Date: 17-07-2023
Business: Accused Present. Ld Adv. for accused present.
Exh - 41 - App for taken on board on today. O - Allowed.
Exh - 42 - Vakalatanama. - Seen.
Exh - 43 - App for cancellation of warrant.
O - NBW against accused stand cancelled subject to penalty of Rs.1000/-
Exh - 44 - Statement of Accused Rajkumar Dinesh Kumar Srivastav u/sec 313 of Cr.P.C. rerecorded.
Next Purpose: PART HEARD
Next Hearing Date: 05-09-2023
Date: 05-09-2023
Business: Complainant Present. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused present.
Exh - 45 - App for exemption on behalf of accused. O - Granted.
Exh - 46 - App for adjournment on behalf of accused. O - Adv. for accused has no any information and instruction He don\''t know about the facts of case. Still Adjournment granted as a last chance.
Next Purpose: PART HEARD
Next Hearing Date: 18-10-2023
Date: 18-10-2023
Business: Complainant Present. Ld Adv. for complainant present.
Accused Present. Ld Adv. for accused present.
Exh - 47 - App for production of Documents.
O - Allowed to produced on record and complainant to say.
Next Purpose: PART HEARD
Next Hearing Date: 10-11-2023
Date: 10-11-2023
Business: Complainant Present. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused present.
Exh - 48 - Reply to the application for production of documents dated 18.10.23
O - Seen.
Exh - 49 - App for exemption on behalf of accused. O - Granted.
Next Purpose: PART HEARD
Next Hearing Date: 27-12-2023
Date: 27-12-2023
Business: Complainant Present. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused present.
Exh - 50 - App for exemption and on behalf of accused. O - No proper reasons for adjournment hence rejected.
Exh - 51 - App for NBW against the accused. O - Case is old one accused is absent issue NBW against the accused.
Order Below Exh - 1
Inspite of opportunity given, accused did not lead evidence. Hence evidence of accused is closed and case is fixed for final argument on next date.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 02-03-2024
Date: 02-03-2024
Business: Complainant Present. Ld Adv. for complainant present.
Accused Present. Ld Adv. for accused present.
Exh - 52 - App for cancellation of warrant.
O - NBW against accused stand cancelled subject to penalty of Rs.1000/-
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 02-04-2024
Date: 02-04-2024
Business: Complainant Present. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused present.
Exh - 53 - App for exemption on behalf of accused. O - Granted.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 08-04-2024
Date: 08-04-2024
Business: Complainant Present. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused present.
Exh - 54 - App for exemption on behalf of accused. O - Granted.
Exh - 55 - App for production of document.
O - Other side to say.
O - Allowed to produced documents on record.
Next Purpose: FOR JUDGMENT
Next Hearing Date: 06-05-2024
Date: 06-05-2024
Business: Complainant absent. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused present.
For oral argument
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 11-06-2024
Date: 11-06-2024
Business: Complainant Present. Ld Adv. for complainant present.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 15-07-2024
Date: 15-07-2024
Business: Complainant Present. Ld Adv for complainant Present. Accused absent.
Ld Adv for accused Present.
Exh - 56A - App for exemption on behalf of accused. O - Not granted.
Order Below Exh-57
1. Accused Mr. Raj Kumar Srivastava, Age- Adult is convicted under Section 255 2 of the Code of Criminal Procedure, 1973 for an offence punishable under Section 138 of the Negotiable Instrument Act, 1881 and sentenced to suffer simple Imprisonment for Six months.
2. Accused is directed to pay compensation of Rs. 25,80,240/- Rs. Twenty Five Lacs Eighty Thousand Two Hundred Forty Only to the complainant within three months from today in default to suffer Simple Imprisonment for Six months.
3. Accused to surrender to his bail bond.
4. Muddemal being an original cheque and bank memo, be returned to the complainant after appeal period is over.
5. 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.
6 Today i.e. on the date of judgment accused remained absent, hence issue standing Non-bailable warrant against the accused for his arrest through concerned police station for execution of sentence in view of Section 418 2 of Cr P C
7 The copy of this Judgment shall be send to the convicted accused free of cost in view of section 363 1 of the Code of Criminal Procedure 1973
8 Dictated and pronounced in open court
Nature Of Disposal: CONVICTED
Disposal Date: 15-07-2024
