SAJEEL ARUN GUPTAVsSHUKLA EARTH MOVERS +2 more

Date: 15-03-2019

Date: 21-10-2019
Business: As 21/10/2019 Holiday declared on Account of vidhan Shabh  Election Borad Dischared
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 10-04-2020

Date: 10-04-2020
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: 14-08-2020

Date: 14-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 05-02-2021

Date: 05-02-2021
Business: Court is Vacant. Board discharged.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 10-05-2021

Date: 10-05-2021
Business: Court is vacant. Charge is with the Honorable Metropolitan Magistrate, 65th Court, Andheri, Mumbai. As per Office Circular bearing No. CMM/OC/11/2021, office of the Honorable C. M. M., Esplanade, Mumbai dated 22/04/2021 board is discharged.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 11-08-2021

Date: 11-08-2021
Business: Complainant absent his adv. present Exh-05 Application for fresh summons. O- Issue fresh summons. for report.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 08-10-2021

Date: 08-10-2021
Business: Complainant absent his adv. present accused absent his adv. present Exh-06 Application for bailable warrant. O- Issue BWT of Rs 10000/- against accused. for report.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 22-12-2021

Date: 22-12-2021
Business: Adv. for complainant present.
Exh. No. 07 - An application for issuance of BWT against accused. O - Issue fresh BWT of Rs. 10,000/- against accused.
For report and steps.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 23-03-2022

Date: 23-03-2022
Business: Complainant absent. Ld. Adv. for complainant present.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 24-06-2022

Date: 24-06-2022
Business: Complainant absent. Ld. Adv. for the complainant present. Accused and Ld. Adv. for accused absent. Exh. - 08 - An application by the Ld. Adv. for the complainant for issuance of show cause notice against accused and the same is allowed. For steps.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 07-09-2022

Date: 07-09-2022
Business: Complainant absent. Ld Adv. for Complainant Present.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 31-10-2022

Date: 31-10-2022
Business: Complainant Present. Ld Adv. for complainant present.
Accused absent. Accused no-3 absent.
 Ld Adv. for accused present.
Exh - 9 - App for NBW against accused no-3. O - Report of police show that accused no-3 is avoiding serve of BW hence issue NBW against accused no-3.
Exh - 10 -  Vakalatanama. - Seen.
Exh - 11 - App for cancellation of warrant.
O - BW against accused stand cancelled on admonition.
Exh - 12 - App for bail - Accused is released on bail on executing PR bond of Rs.15000/- and on depositing cash security of Rs.10000/-
Exh - 13 - App for time to deposit cash bail. o - Time granted Till next date to deposit cash bail of Rs.10000/-
Exh - 14 - PR bond.
Exh - 14 - PR bond and Cash Bond.
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 10-11-2022

Date: 10-11-2022
Business: Complainant present. Ld. Adv. for complainant present. Accused present with advocate. Exh. - 15 - Vakalatnama filed by Ld. Adv. for accused. Exh. - 16  - An application for cancellation of warrant issued against accused no. 03 and the same is cancelled on admonation Exh. - 17  - An application for bail of accused no. 03 - O - Accused no. 03 is released on bail on executing PR Bond of Rs. 15000/- and depositing cash security of Rs. 10000/-. Exh. - 18 - An application for permission to deposit cash security of Rs. 10000/- of accused no. 02 and the same is allowed.  Exh. - 19 and 20 - PR Bond and Cash Bond of accused nos. 02 and 03. Exh. - 21 - Plea of accused nos. 01 to 03 is recorded. A. P. N. G. Exh. - 22 - An application for production of documents by Ld. Adv. for complainant and the same is allowed. Exh. - 23 - Index to the affidavit of evidence and list of documents. Exh. - 24 - Affidavit of evidence of Sajeel Arun Gupta is read and recorded. Exh. - 25 - List of documents - O - Accused to say about the admissibility of documents. For further chief and cross examination.
Next Purpose: PART HEARD
Next Hearing Date: 19-01-2023

Date: 19-01-2023
Business: Complainant Present. Ld Adv. for complainant present.
Accused Present. Ld Adv. for accused present.
Exh.24 contd. Page No.10.
On S.A.further examination-in-chief of Sajil Gupta by Advocate Nitin Rakshe for the complainant.
Exh - 24 - affidavit of examination-in-chief, contents true and correct.
Exh - 25 - filed document along with list.
Ld.Advocate Vijay Sharma for accused has denied all the documents and raised objection to give exhibit numbers.
Exh. - 27 - Bank statement
Exh - 28 - Bill of exchange
Exh - 29 - Original cheque
Exh - 30 - Cheque returned memo.
Exh - 31 - Notice.
Exh - 32 to 34 - receipts
Exh - 35 to 36 - A.D.card
Exh - 37 - Envelope
Exh - 38 - Track consignment along with certificate u/sec 65 (b)
Cross-examination by Adv. Vijay Sharma for accused.
( On oral request of advocate for accused, matter is adjourned for cross-examination till next date.
Next Purpose: PART HEARD
Next Hearing Date: 20-02-2023

Date: 20-02-2023
Business: Complainant absent. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused absent.
Exh - 39 - App for adjournment on behalf of complainant. o - Adjournment granted as a last chance
Next Purpose: PART HEARD
Next Hearing Date: 21-03-2023

Date: 21-03-2023
Business: Complainant Present. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused absent.
Exh. No. 24 contd.  Page No. 11.
On S.A. cross-examination of Sajil Gupta by Adv. Vijay Sharma for accused.
Accused and his advocate are absent when called.  Hence, matter to proceed without cross-examination.
No Cross-examination.
Next Purpose: PART HEARD
Next Hearing Date: 05-04-2023

Date: 05-04-2023
Business: Complainant absent. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused absent.
Exh - 40 - App for exemption on behalf of complainant . O - Granted.
Exh - 41 - App for closing evidence purses. o - Seen.
Exh - 42 - App for issue NBW against the accused. O - issue NBW  against the accused.
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 09-05-2023

Date: 09-05-2023
Business: Complainant absent. Ld Adv. for complainant present.
Accused Present. Ld Adv. for accused present.
Exh - 43 - Date - 06-05-2023 - App for taking the matter on today board. O - Allowed.
Exh - 44 - Date - 06-05-2023. App for cancellation of warrant. O - NBW against accused stand cancelled subject to penalty of Rs.1000/-
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 26-06-2023

Date: 26-06-2023
Business: Complainant Present. Ld Adv. for complainant present.
Accused Present. Ld Adv. for accused present.
Exh - 42 - App for adjournment on behalf of accused. o - No proper reasons for adjournment hence rejected.
Exh - 44 - Statement of accused Akhilesh kumar Shukla u/sec 313 of Cr.P.C. recorded.
Exh - 43 -  Closing Evidence purses.
O- Seen.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 08-08-2023

Date: 08-08-2023
Business: Complainant Present. Ld Adv. for complainant present.
Accused Present. Ld Adv. for accused present.
Exh - 45 - App for adjournment on behalf of accused. o - Adjournment granted as a last chance
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 18-09-2023

Date: 18-09-2023
Business: Complainant absent. Ld Adv. for complainant present.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 07-11-2023

Date: 07-11-2023
Business: Complainant absent. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused present.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 11-12-2023

Date: 11-12-2023
Business: Complainant absent. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused absent.
Exh - 46 - Written argument  on behalf of complainant. O - Seen.
Exh - 47 - App for exemption on behalf of complainant . O - Granted.
For Accused Argument
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 30-12-2023

Date: 30-12-2023
Business: Adv. for complainant present.
Accused and his Adv. absent.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 29-01-2024

Date: 29-01-2024
Business: Complainant absent. Ld Adv. for complainant present.
Accused absent. Ld Adv. for accused absent.
Order below Exh-1
Inspite of opportunity given accused did not argue.  Hence matter to proceed without argue on the part of accused and fixed for judgement on next date.
Next Purpose: FOR JUDGMENT
Next Hearing Date: 15-02-2024

Date: 15-02-2024
Business: Complainant Present. Ld Adv. for complainant present.
Next Purpose: FOR JUDGMENT
Next Hearing Date: 17-02-2024

Date: 17-02-2024
Business: Complainant absent. Ld Adv for complainant Present. Accused absent.Ld Adv for accused absent.
Order Below Exh- 48
 i.	The accused No. 2 Aklesh Shukla – Proprietor of accused no.1 M/s. Shukla Earth Movers is hereby convicted for the offence punishable under section 138 r/w. 141 of the Negotiable Instrument Act, 1881 vide section 255(2) of the Code of Criminal Procedure, 1973.
ii.	Accused No. 3 Rita Shukla is hereby acquitted for the offence punishable U/s. 138 of the N.I.Act vide Section 255 (1) of Code of Criminal Procedure, 1973.
iii.	Accused No. 2 is sentenced to suffer simple imprisonment for period of Six month and he shall pay, compensation of Rs. 3,00,000/- (Rs. Three Lacs) to the complainant vide Section 357(3) of the Code of Criminal Procedure, in default of payment of compensation, accused shall suffer further simple imprisonment for the period of one month.
iv.	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).
v.	 Accused No. 2 to surrender his bail bonds and bail bonds of accused no. 3 stands canceled.
vi.	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.
vii.	Today i.e. on the date of judgment accused No. 2 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.
viii.	The copy of this Judgment shall be send to the convicted accused, free of cost, immediately after it is prepared, in view of section 363(1) of the Code of Criminal Procedure, 1973.
ix. 	Accused No. 3 Rita Shukla shall execute P.R. Bond of Rs. 15,000/-, to appear before the Higher Court as and when such court issues notice in respect of any appeal or petition filed against this judgment, vide section 437 (A) of the Code of Criminal Procedure.  Said bail bonds shall be in force for Six Months.
x.  Dictated and pronounced in open court.
Nature Of Disposal: CONVICTED
Disposal Date: 17-02-2024

Filing Number: 816784/2018
Filing Date: 28-12-2018
First Hearing Date: 15th March 2019
Decision Date: 17th February 2024
Court Number And Judge: 48-Judicial Magistrate (First Class), 48th Court