Date: 07-03-2019
Business: ADv. for compt. pt. Ex. 6-Appln. for warrant- Rejected. Ex. 6-Application for fresh summons - Issue for report.
Next Purpose: FOR VERIFICATION
Next Hearing Date: 04-06-2019
Date: 04-06-2019
Business: Adv. for compt. pt. Ex.8- Appln. for warrant- Issue B/W of Rs.5000/- against accused. Ex.9- List of documents. for warrant report.
Next Purpose: NOT HEARD CASES
Next Hearing Date: 20-08-2019
Date: 20-08-2019
Business: Ld. M.M is on leave. Board discharged.
Next Purpose: NOT HEARD CASES
Next Hearing Date: 05-10-2019
Date: 05-10-2019
Business: LD. M.M. IS ON LEAVE BOARD DISCHARGED.
Next Purpose: NOT HEARD CASES
Next Hearing Date: 05-11-2019
Date: 05-11-2019
Business: Compt. pt. Adv. for compt. pt.Accd. pt. Adv. pt. Case referred for mediation. for mediation report, compliance of balance cash bail amt. and evidence.
Next Purpose: NOT HEARD CASES
Next Hearing Date: 09-12-2019
Date: 09-12-2019
Business: LD. M.M. IS ON LEAVE. CHARGE WITH LD. M.M. 63RD COURT. BOARD DISCHARGED.
Next Purpose: NOT HEARD CASES
Next Hearing Date: 04-01-2020
Date: 04-01-2020
Business: Adv. for compt. pt. Adv. for accd. ab. Ex. 17- Appln. for NBW against accd. - Issue NBW against accused as prayed.
for NBW report, evidence.
Next Purpose: FOR HEARING
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: 20-03-2020
Date: 20-03-2020
Business: Ld. M.M. is on Leave. Charge with Ld.M.M. 63rd court. Board discharged.
Next Purpose: FOR HEARING
Next Hearing Date: 30-04-2020
Date: 30-04-2020
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: FOR HEARING
Next Hearing Date: 12-06-2020
Date: 12-06-2020
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: 09-09-2020
Date: 09-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR HEARING
Next Hearing Date: 03-12-2020
Date: 03-12-2020
Business: Adv for both sides ab.
Next Purpose: FOR HEARING
Next Hearing Date: 25-02-2021
Date: 25-02-2021
Business: Court is Vacant. Board discharged.
Next Purpose: FOR HEARING
Next Hearing Date: 10-06-2021
Date: 10-06-2021
Business: 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. Charge is with Metropolitan Magistrate, 65th Court, Andheri, Mumbai.
Next Purpose: FOR HEARING
Next Hearing Date: 18-08-2021
Date: 18-08-2021
Business: Complainant present. Ld. Adv. for complainant absent. Accused present. Ld. Adv. for accused absent. For Evidence.
Next Purpose: FOR HEARING
Next Hearing Date: 03-09-2021
Date: 03-09-2021
Business: Complainant present. Ld. Adv. for complainant present. Accused present. Ld. Adv. for accused absent. Exh. - 19 - Adjournment application by the Ld. Adv. for complainant, granted as last chance. For Evidence.
Next Purpose: FOR HEARING
Next Hearing Date: 08-09-2021
Date: 08-09-2021
Business: Complainant present. Ld. Adv. for complainant present. Accused present. Ld. Adv for accused absent. Exh. - 19 - Affidavit of Evidence of Rudolph J. Alva read and recorded,copy of the same is given to the accused. Exh. - 20 - List of Documents. Exh. - 21 - An application under section 143 (A) of N. I. Act filed by the Ld. Adv. for complainant, copy of the same is given to the accused and it is kept for say of accused. For say on Exh. - 21 and further examination in chief and cross examination.
Next Purpose: PART HEARD
Next Hearing Date: 30-09-2021
Date: 30-09-2021
Business: Complainant present with advocate. Accused and Ld. Adv. for accused present. Exh. - 22 - An application by Ld. Adv. for accused for adjournment is granted as last chance. For say and order on Exh. - 21.
Next Purpose: PART HEARD
Next Hearing Date: 09-10-2021
Date: 09-10-2021
Business: Complainant present with advocate. Accused present with advocate. For say on Exh. - 21 and order and for further examination in chief and cross examination.
Next Purpose: PART HEARD
Next Hearing Date: 16-10-2021
Date: 16-10-2021
Business: As per Chief Metropolitan Magistrate''s Office order no. Estt16/1692/2021, dt. 13-10-2021, Board is discharged, and cases are adjourned to 23-10-2021
Next Purpose: PART HEARD
Next Hearing Date: 23-10-2021
Date: 23-10-2021
Business: Complainant and accused present with their advocates. Exh. - 22 - A - Reply of accused on application under section 143 - A of N. I. Act filed by the Ld. Adv. for complainant. Further examination-in-chief of Rudolph Alva by Advocate Sonali Desai for the complainant resumed on S. A. Cross-examination by Adv. Ashwin Upadhayay for accused. On oral request of advocate for accused, matter is adjourned for cross-examination on next date.
Next Purpose: PART HEARD
Next Hearing Date: 22-11-2021
Date: 22-11-2021
Business: Complainant and his advocate present. Accused and his advocate present. Exh.No. 36 - An application for adjournment by Adv. for accused. O - Adj. granted as a last chance. For Cross examination.
Next Purpose: PART HEARD
Next Hearing Date: 13-12-2021
Date: 13-12-2021
Business: Complainant and his Adv. present. Accused present. Adv. for accused absent.
Exh. No. 36 - An application by accused for adjournment. O - Application for adjournment is rejected. No cross order is passed. Order passed below Exh. No. 19 - Adv. for accused absent. Matter to proceed without cross-examination. Hence, No cross-examination.
Next Purpose: PART HEARD
Next Hearing Date: 01-01-2022
Date: 01-01-2022
Business: Complainant absent. Adv. for complainant present.
Accused and his Adv. present.
Exh. No. 37 - An application by Adv. for accused for setting aside No-cross order. O - O. S. to say. Say filed. O - Today complainant is absent. Heard both side and gone through record. No-cross order is set aside subject to cost of Rs. 1000/- paid by accused to complainant and on condition that on next date, accused should conduct cross of complainant without fail.
Next Purpose: PART HEARD
Next Hearing Date: 18-01-2022
Date: 18-01-2022
Business: Complainant present with advocate. Accused present with advocate. In view of order passed below Exh. - 37 permission is granted to conduct cross examination. Cross Examination of Rudolph Alva on Exh. - 19 by Ld. Adv. Mastan Shaikh for accused. Ld. Adv. for accused put question to witness that since when he knows accused. But witness is a not in a position to understand the question and give answer due to his old age and ill health.
Next Purpose: PART HEARD
Next Hearing Date: 10-02-2022
Date: 10-02-2022
Business: Complainant present with advocate. Accused present with advocate. Exh. - 38 - An application by Ld. Adv. for complainant for submitting Power of Attorney of Mr Rudolph Alva, the same is kept for say of other side. Say of accused is obtained. For further steps in view of Exh. - 38.
Next Purpose: PART HEARD
Next Hearing Date: 17-02-2022
Date: 17-02-2022
Business: Complainant present with advocate. Accused present. Exh. - 39 - Affidavit of evidence of Mrs Shevrin Rudolph Alva is read and recorded.
Next Purpose: PART HEARD
Next Hearing Date: 08-03-2022
Date: 08-03-2022
Business: Complainant present with advocate. Accused present with advocate. Further examination in chief of Shevrin Alwa on Exh. - 39 by Ld. Adv. Sonali Desai for the complainant. Exh - 39 - Affidavit of evidence. Exh. - 40 - Power of Attorney. Cross examination by Ld. Adv. Mastan Shaikh for accused. Cross over. No Re-Examination.
Next Purpose: PART HEARD
Next Hearing Date: 16-03-2022
Date: 16-03-2022
Business: Complainant present with advocate. Accused present with advocate. Exh - 39 - contd. - On S.A. further examination-in- chief of shevrin Alwa by Adv Sonali Desai for the complainant.
Exh - 40 Power of attorney executed by complainant in my favour is marked.
Cross-Examination by Adv. Mastan Shaikh for accused. Cross-examination is over. No re-examination .
Exh. No. 41 - An affidavit in lieu of examination in chief of witness no. 2. O - Read and recorded.
Next Purpose: PART HEARD
Next Hearing Date: 23-03-2022
Date: 23-03-2022
Business: complainant and his Adv. present.
Accused and his Adv. present
Witness present.
Exh. No. 42 - An application by adv. for complainant for taking order of rent authority Hon\''ble Court on record. O - Allowed to produce on record.
On S. A. cross-examination of Nelson D\''souza by Adv. Mastan Shaikh for accused.
Cross-examination is over.
No re-examination.
Exh. No. 43 - Evidence closing pursis. O - Seen.
Matter is fixed for statement on 04-04-2022, in 1st session.
Next Purpose: FOR STATEMENT U/sec 313
Next Hearing Date: 04-04-2022
Date: 04-04-2022
Business: Complainant and his Adv. present.
Accused and his Adv. present.
Exh. No. 44 - Statement of accused U/sec. 313 of Cr. P.C.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 18-04-2022
Date: 18-04-2022
Business: Complainant absent. Ld. Adv. for complainant present. Accused absent. Ld. Adv. for accused present. Exh - 45 - Written Argument on Behalf of the complainant.
O - Read and Record.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 29-04-2022
Date: 29-04-2022
Business: Complainant present. Ld. Adv. for complainant present. Accused Present. Ld. Adv. for accused present.
On Oral request of Adv. for accused or complainant matter is adjourned for Argument till next date.
Next Purpose: FOR ARGUMENTS
Next Hearing Date: 05-05-2022
Date: 05-05-2022
Business: Complainant present. Ld. Adv. for complainant present.
Accused Present. Ld. Adv. for accused present.
Next Purpose: FOR JUDGMENT
Next Hearing Date: 10-05-2022
Date: 10-05-2022
Business: Adv. for complainant present.
Accused and his Adv. present.
Exh. No. 46 - Written argument filed by Accused. O - Seen.
Next Purpose: FOR JUDGMENT
Next Hearing Date: 18-05-2022
Date: 18-05-2022
Business: Complainant present. Ld. Adv. for complainant absent.
Accused Present. Ld. Adv. for accused present.
Next Purpose: JUDGEMENT 2.45 P.M.
Next Hearing Date: 19-05-2022
Date: 19-05-2022
Business: Ld. Adv. for complainant present. Accused present with advocate. Judgment pronounced in the open court.
The accused Teddy William David 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 is sentenced to suffer simple imprisonment for the period of One year and he shall pay compensation of Rs. 2,30,000/- (Rs. Two Lacs Thirty Thousand) 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 simple imprisonment for the period of 15 days.
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 bond.
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.
Nature Of Disposal: CONVICTED
Disposal Date: 19-05-2022
