Date: 14-03-2019
Business: Compt. present with Adv. Ex.4-Verification. Ex.5-Pursis u/s.202 of Cr.P.C. Documents verified. Order passed below Ex.1-Process issued.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 19-10-2019
Date: 19-10-2019
Business: LD. M. M. IS ON LEAVE. BOARD DISCHARGED.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 17-02-2020
Date: 17-02-2020
Business: Compt. pt. Ld. Adv. for Compt. Pt.
Accused Pt. with his advocate.
Ex. 06- Vakalatnama by the Ld. Adv. for Accused.
Ex. 07-Application for bail of Accused-Accused is directed to furnish S.B and P. B. of Rs. 10000/- and in lieu of surety is allowed to pay cash amount of Rs. 10000/- with strict residential proof.
Ex. 08- P.R. Bond and Cash Bond of Accused.
Ex.09-Plea of Accused recorded. Accused pleaded not guilty to the charge.
Ex. 10-Application for resjudicata and the same is kept for say of O.S.
For Say.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 08-04-2020
Date: 08-04-2020
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: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 17-08-2020
Date: 17-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 20-01-2021
Date: 20-01-2021
Business: Court is vacant. Board discharged.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 09-04-2021
Date: 09-04-2021
Business: Court is vacant. Board discharged Charge with 63rd Court, Andheri, Mumbai.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 23-07-2021
Date: 23-07-2021
Business: Ld. Adv. for complainant present. Exh. - 11 - Reply filed by the Ld. Adv. for complainant on application at Exh. - 10. For steps thereon in view of applications at Exh. 10 and Exh. - 11.
Next Purpose: FOR HEARING
Next Hearing Date: 09-08-2021
Date: 09-08-2021
Business: Complainant present. Ld. Adv. for complainant present. Accused Nos. 01 and 02 absent. Ld. Adv. for accused Nos. 01 and 02 absent. Exh. - 12 - Written argument filed by the Ld. Adv. for the complainant on reply filed on 23-07-2021. Exh. - 13 - An application for issuance of NBW against accused No. 02 and the same is allowed.
Next Purpose: FOR HEARING
Next Hearing Date: 24-09-2021
Date: 24-09-2021
Business: Exh. - 14 - An application to take case on the board today by Ld. Adv. for accused is allowed. Exh. - 15 - An application for cancellation of warrant, the same is cancelled subject to penalty of Rs. 300/-. accused paid the penalty.
Next Purpose: FOR HEARING
Next Hearing Date: 28-09-2021
Date: 28-09-2021
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: 28-10-2021
Date: 28-10-2021
Business: Complainant absent. Ld. Adv. for complainant present. Accused and Ld. Adv. for accused absent. For evidence.
Next Purpose: FOR HEARING
Next Hearing Date: 17-11-2021
Date: 17-11-2021
Business: Complainant and his advocate present.
Advocate for Accused present.
Exh. No. 16 - Examination in chief. O - Read and recorded.
Exh.No. 17 - List of documents. O - Seen.
Exh. No. 18 - An application for mediation to settle matter. O - Allowed and matter be sent for mediation.
Next Purpose: PART HEARD
Next Hearing Date: 30-11-2021
Date: 30-11-2021
Business: Complainant present his Adv. present.
Accused absent. Adv. for accused present.
Exh. No. 19 - An application by Adv. for complainant for permission to submit affidavit in lieu of evidence.O - Allowed.
Exh. No. 20 - Affidavit in lieu of evidence. O - Read and recorded.
For further examination in chief.
Next Purpose: PART HEARD
Next Hearing Date: 21-12-2021
Date: 21-12-2021
Business: Complainant present with advocate. Accused absent. Ld. Adv. for accused present. Exh. - 21 - An application filed by Ld. Adv. for accused for adjournment for payment of cheque and time is granted as last chance.
Next Purpose: PART HEARD
Next Hearing Date: 25-01-2022
Date: 25-01-2022
Business: Complainant and his Adv. present.
Adv. absent. Adv. for accused present.
Exh. No. 22 - An application by Adv. for accused for exemption. O - Granted.
Next Purpose: PART HEARD
Next Hearing Date: 07-02-2022
Date: 07-02-2022
Business: Declaration of Holiday on Monday 07th February 2022 O. W. No. RG/1611/9/2022 dt. 06Th February 2022 from Registrar General High Court, Bombay. Case Adj
Next Purpose: PART HEARD
Next Hearing Date: 10-03-2022
Date: 10-03-2022
Business: Complainant present. Ld. Adv. for complainant present. Exh. - 23 - Accused absent and exempted. Ld. Adv. for accused present Ld. Adv. for accused present. Exh - 20 Contd. Further Examination-In-Chief of Bhudhadev Makhamdas by Adv R.S.Singh for the Complainant. Exh - 24 - Certified copy of summary suit along with Roznama. Exh - 25 Certified copy of list of documents filed in summary suit. Exh - 26 to 32 - Certified copy of 7 receipts. Exh - 33 - Handwritten note of accused. Exh - 34 - Certified copy of disputed cheque. Exh - 35 - Certified copy of cheque returned memo. Exh - 36 - Certified copy of demand notice. Exh - 37 - Certified copy of postal receipt . Exh - 38 - Certified copy of returned envelope form the post.
Cross - examination by Adv milind More for accused. Cross is over. No re-examination. Exh - 39 - Persis by complaint close evidence.
Next Purpose: PART HEARD
Next Hearing Date: 08-04-2022
Date: 08-04-2022
Business: Adv. for complainant present.
Accused and his Adv. present.
Exh. No. 40 - An application by Adv. for complainant for taking copy of judgment on record. O - Allowed.
Exh. No. 41 - List of document. O - Seen. Exh. No. 42 - Statement of accused U/sec. 313 of Cr.P.C.
Matter is fixed for argument on 28-04-2022
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 28-04-2022
Date: 28-04-2022
Business: Adv. for complainant present.
Adv. for accused present.
Accused absent. Ld. Adv. for accused present.
Exh - 43 - App for exemption of accused.
O - Granted as last chance.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 10-05-2022
Date: 10-05-2022
Business: Adv. for complainant present.
Adv. for accused present.
Exh. No. 43 - Written argument on behalf of complainant. O - Seen.
Exh. No. 44 - An application by Adv. for accused for exemption. O - Granted for today only.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 18-05-2022
Date: 18-05-2022
Business: Accused absent. Ld. Adv. for accused present.
Exh - 45 - Written argument on behalf of the above named accused. O - Seen.
Next Purpose: JUDGEMENT 2.45 P.M.
Next Hearing Date: 07-06-2022
Date: 07-06-2022
Business: Complainant and his Adv. present.
Accused and his Adv. present.
The accused No. 2 Sandeep Balkrishna Jadhav -Proprietor of accused no. 1 M/s. Shalini Construction 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.
Accused No. 2 is sentenced to suffer simple imprisonment for period of One year and he shall pay compensation of Rs. 50,000/- (Rs. Fifty Thousand Only) 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.
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).
Accused to surrender his bail bonds.
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.
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.
Dictated and pronounced in open court.
Nature Of Disposal: CONVICTED
Disposal Date: 07-06-2022
