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Summons Private cases SS

RATNESH EKNATH MUNGEKARVsRAKESH VINAYAK PRASADE

CNR MHMM19014508201848-Judicial Magistrate (First Class), 48th Court
CASE DISPOSED
Contested--WITHDRAWN DURING OR AFTER EVIDENCE
Decision Date: 26th July 2024

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number
5210/2018
Registration Date
28 Dec 2018

Advocates

2

For Petitioner

For Respondent

Parties

2

Acts & Sections

1
NEGOTIABLE INSTRUMENTS ACT · Sec 138

Case History / Proceedings

Case History
Date: 15-03-2019
Business: Adv. for compt. pt. for verification.
Next Purpose: FOR VERIFICATION
Next Hearing Date: 26-04-2019

Date: 26-04-2019
Business: Adv. for compt. pt. Ex.4-VP. Ex.5-Verifcation. Order passed below Ex.1-While recording the verification statement, the Adv. for complainant submitted that accused paid Rs.50000/- to the client.
Keep for arguments.
Next Purpose: FOR VERIFICATION
Next Hearing Date: 12-06-2019

Date: 12-06-2019
Business: Adv. for compt. pt. Heard arg. keep for order of process.
Next Purpose: FOR VERIFICATION
Next Hearing Date: 03-07-2019

Date: 03-07-2019
Business: Ld. M.M. is on leave. Charge with M.M. 63rd court. Board discharged.
Next Purpose: FOR VERIFICATION
Next Hearing Date: 22-07-2019

Date: 22-07-2019
Business: complainant present adv. present.
Order below Exh. No. 1 - Hence, Issue process against the accused.
Next Purpose: NOT HEARD CASES
Next Hearing Date: 07-02-2020

Date: 07-02-2020
Business: Adv for complt ab. Adv for accud pt.
For evidence.
Next Purpose: FOR HEARING
Next Hearing Date: 26-05-2020

Date: 26-05-2020
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: FOR HEARING
Next Hearing Date: 10-07-2020

Date: 10-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR HEARING
Next Hearing Date: 19-09-2020

Date: 19-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR HEARING
Next Hearing Date: 23-11-2020

Date: 23-11-2020
Business: Adv for complt pt. Adv for accud ab.
Exh.10- Affidavit of evidence of P.W. no. 1.
Exh.11- List of documents-Seen.
for further chief exam.
Next Purpose: PART HEARD
Next Hearing Date: 04-01-2021

Date: 04-01-2021
Business: Adv for both sides pt.
Exh.12-Appln for adj - Short time granted.
For chief examination.
Next Purpose: PART HEARD
Next Hearing Date: 23-02-2021

Date: 23-02-2021
Business: Court is Vacant. Board discharged.
Next Purpose: PART HEARD
Next Hearing Date: 05-03-2021

Date: 05-03-2021
Business: Court is Vacant. Board discharged.
Next Purpose: PART HEARD
Next Hearing Date: 07-04-2021

Date: 07-04-2021
Business: Court is vacant. Board discharged Charge with 63rd Court, Andheri, Mumbai.
Next Purpose: PART HEARD
Next Hearing Date: 22-06-2021

Date: 22-06-2021
Business: Both parties absent. For Evidence.
Next Purpose: PART HEARD
Next Hearing Date: 04-08-2021

Date: 04-08-2021
Business: Complainant absent. Ld. Adv. for complainant present. Accused present. Ld. Adv. for accused absent. Exh. - 13 - Adjournment application submitted by the accused, considering reasons stated adjournment is granted as last chance. For cross examination on Exh. 10.
Next Purpose: PART HEARD
Next Hearing Date: 23-09-2021

Date: 23-09-2021
Business: Complainant present. Ld. Adv. for complainant present. Exh. - 14 - Accused absent and exempted. Ld. Adv. for accused present. For further chief and cross examination.
Next Purpose: PART HEARD
Next Hearing Date: 27-10-2021

Date: 27-10-2021
Business: Ld MM is on leave half day 1st session board discharged. Charge with Ld MM 63rd court.
Next Purpose: PART HEARD
Next Hearing Date: 30-11-2021

Date: 30-11-2021
Business: Adv. for complainant present.
Accused present.
Exh. No. 15 - An application by Accused for adjournment. O - O. S. to say. O - Adj. granted as a last chance.
For further examination in chief.
Next Purpose: PART HEARD
Next Hearing Date: 22-12-2021

Date: 22-12-2021
Business: Complainant absent his adv. present accused absent his adv. absent.
Next Purpose: PART HEARD
Next Hearing Date: 19-01-2022

Date: 19-01-2022
Business: In view of SOP dt. 06-01-2022, issued by the Hon\''ble High Court, Bombay, Board discharged.
Next Purpose: PART HEARD
Next Hearing Date: 16-02-2022

Date: 16-02-2022
Business: Complainant and his Adv. present.
Adv. for accused present.
Exh. No. 16 - An application by Adv. for accused for adjournment. O -Adj. granted as a last chance.
For Further examination in  chief.
Next Purpose: PART HEARD
Next Hearing Date: 19-03-2022

Date: 19-03-2022
Business: Complainant and his Adv. present.
Accused present. Adv. for accused absent.
Exh. No. 17 - An application by Accused for adjournment. O - Already Adj. was granted, No proper reasons for Adj. Hence Rejected.
On S. A. further examination-in-chief, of complainant by adv. for complainant.
Exh. No. 18 - Original Cheque.
Exh. No. 19 - Cheque returned memo.
Exh. No. 20 - Office copy of demand notice.
Exh. No. 21 - Postal receipt.
Exh. No. 22 - A. D. Card.
Cross-examination by Adv. for accused.
Ld. Adv. for accused is absent. Accused is present but refused to conduct the cross-examination. Hence matter to proceed without cross-examination.
No cross-examination.
Exh. No. 23 - An application by Adv. for complainant for no cross-examination of complainant. O - Accused refused to conduct cross. Hence, proceed without cross.
Exh. No. 24 - Evidence closing pursis by Adv. for complainant. O - Seen.
For statement.
Next Purpose: PART HEARD
Next Hearing Date: 01-04-2022

Date: 01-04-2022
Business: Complainant present. Ld. Adv. for complainant present. Accused Present. Ld. Adv. for accused present.
Next Purpose: PART HEARD
Next Hearing Date: 28-04-2022

Date: 28-04-2022
Business: Complainant present. Ld. Adv. for complainant present.
Accused Present.  Ld. Adv. for accused present.
Exh - 25 - Consent terms. O -seen.
Next Purpose: PART HEARD
Next Hearing Date: 09-06-2022

Date: 09-06-2022
Business: Accused Present.
Exh - 25 - App for adjournment on behalf of the accused. O - Granted.
Next Purpose: PART HEARD
Next Hearing Date: 07-07-2022

Date: 07-07-2022
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: 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: 16-09-2022

Date: 16-09-2022
Business: Both parties absent. Case is adjourned on next date.
Next Purpose: PART HEARD
Next Hearing Date: 12-10-2022

Date: 12-10-2022
Business: Complainant Present. Ld Adv. for complainant absent.
Accused absent. Ld Adv. for accused absent.
Exh - 26 - App for NBW against the accused. O - Accused absent issue NBW against  the accused.
Next Purpose: PART HEARD
Next Hearing Date: 06-12-2022

Date: 06-12-2022
Business: Complainant Present. Ld Adv. for complainant present.
Warrant pending
Next Purpose: PART HEARD
Next Hearing Date: 23-01-2023

Date: 23-01-2023
Business: Complainant absent. Ld Adv. for complainant present.
Warrant pending
Next Purpose: PART HEARD
Next Hearing Date: 13-03-2023

Date: 13-03-2023
Business: Complainant Present. Ld Adv. for complainant present.
Warrant pending
Next Purpose: PART HEARD
Next Hearing Date: 19-04-2023

Date: 19-04-2023
Business: Complainant absent. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused present.
Exh - 27 - App for adjournment on behalf of complainant. o - Adjournment granted as a last chance
Next Purpose: PART HEARD
Next Hearing Date: 12-06-2023

Date: 12-06-2023
Business: Complainant absent. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused absent.
Exh - 28 - App for adjournment on behalf of complainant. o - Adjournment granted as a last chance
Next Purpose: PART HEARD
Next Hearing Date: 19-07-2023

Date: 19-07-2023
Business: Complainant absent. Ld Adv. for complainant present.
Exh - 29 - App for adjournment on behalf of complainant. o - Adjournment granted as a last chance
Next Purpose: PART HEARD
Next Hearing Date: 21-08-2023

Date: 21-08-2023
Business: Complainant absent. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused absent.
Exh - 30 - App for exemption on behalf of accused. O - Granted.
Next Purpose: PART HEARD
Next Hearing Date: 02-09-2023

Date: 02-09-2023
Business: Complainant Present. Ld Adv. for complainant present.
Exh - 31 - App for adjournment on behalf of complainant. o - Adjournment granted as a last chance
Next Purpose: PART HEARD
Next Hearing Date: 07-10-2023

Date: 07-10-2023
Business: Metropolitan Magistrate is on leave, charge with  Metropolitan Magistrate, 10th Court, Andheri, Mumbai.
Next Purpose: PART HEARD
Next Hearing Date: 07-11-2023

Date: 07-11-2023
Business: Complainant Present. Ld Adv. for complainant absent.
Accused absent. Ld Adv. for accused absent.
Next Purpose: PART HEARD
Next Hearing Date: 04-12-2023

Date: 04-12-2023
Business: Metropolitan Magistrate is on leave, charge with  Metropolitan Magistrate, 44th Court, Andheri, Mumbai.
Next Purpose: PART HEARD
Next Hearing Date: 09-12-2023

Date: 09-12-2023
Business: Matter is not settled in both the parties, hence put up before regular court
Next Purpose: PART HEARD
Next Hearing Date: 12-01-2024

Date: 12-01-2024
Business: Complainant absent. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused present.
Exh - 32 - Settlement Purses on behalf of the complainant. O - Seen.
Next Purpose: PART HEARD
Next Hearing Date: 03-02-2024

Date: 03-02-2024
Business: Complainant Present. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused absent.
Exh - 33 - Settlement purses on behalf of complainant. O - Seen.
Next Purpose: PART HEARD
Next Hearing Date: 27-02-2024

Date: 27-02-2024
Business: Complainant Present. Ld Adv. for complainant present.
Accused Present. Ld Adv. for accused present.
Exh - 34 - Purses. O - Seen.
Next Purpose: PART HEARD
Next Hearing Date: 30-03-2024

Date: 30-03-2024
Business: Complainant Present. Ld Adv. for complainant present.
Accused Present. Ld Adv. for accused absent.
Next Purpose: PART HEARD
Next Hearing Date: 06-05-2024

Date: 06-05-2024
Business: Complainant Present. Ld Adv. for complainant present.
Next Purpose: PART HEARD
Next Hearing Date: 26-07-2024

Date: 26-07-2024
Business: Complainant Present. Ld Adv for complainant Present.
Exh - 37 - App for taken matter on today board. O - Allowed.
Exh - 38 - App for withdrawal of complaint. O - Seen and verified IP Proof contents. passed detail order on separate page.
Order Below Exh- 38
By way of this application, complainant has submitted that matter is settled between complainant and accused and therefore complainant intends to withdraw this compliant. Contents of application are verified form the complainant/ authorized representative of complainant. He admitted contents of application a true and correct. Hence, permission granted to withdraw the complaint and accordingly I proceed to pass necessary order below Exh-01. Exh-38 contending that matter is settled between the parties. Hence, the complainant does not want to proceed with the matter.
Order Below Exh-1 This is part-Heard matter.  Today the complainant has filed application at Exh-38 contending that matter is settled between the parties. Hence, the complainant does not want to proceed with the matter. In view of withdrawal application complainant is permitted to withdraw the case. Hence, following order. Order Case stands withdrawn u/sec 257 of the code of criminal procedure, 1973. The accused is acquitted. Bail bonds of accused stands cancelled. Court fees be refunded as per rule. The case is finally disposed off
Nature Of Disposal: WITHDRAWN DURING OR AFTER EVIDENCE
Disposal Date: 26-07-2024

Additional Case Details

Additional Case Details
Filing Number: 16818/2018
Filing Date: 28-12-2018
First Hearing Date: 15th March 2019
Decision Date: 26th July 2024
Court Number And Judge: 48-Judicial Magistrate (First Class), 48th Court

Orders

1
Final Order 1
26 Jul 2024
Order Details: Copy  of Judgment
Pdf Text: C. C. No. 5210/SS/2018
CNR No. :MHMM19-014508-2018
Mr. Ratnesh Eknath Mungekar.
V/s.
Mr. Rakesh Vinayak Prasade.
ORDER BELOW EXHIBIT NO.1
This is a part-heard matter. Today the complainant has filed
application at Exh. 38 contending that matter is settled between the
parties. Hence, the complainant does not want to proceed with the
matter.
In view of withdrawal application (Exh. No. 38),
complainant is permitted to withdraw the case. Hence, following
order:-
O R D E R
1) Case stands withdrawn u/s 257 of the Code of Criminal
Procedure, 1973.
2) The accused is acquitted. Bail bonds of accused stands canceled.
3) Court fees be refunded as per rule.
4) The case is finally disposed off.
Date : 26/07/2024
Sd/-
(Y. P. Pujari)
Judicial Magistrate (First Class)
48th Court, Andheri, Mumbai
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