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SUMMARY CASE

Ashok B HisariaVsPerfact Instruments Corporation +1 more

CNR MHMM2001186820212-JUDICIAL MAGISTRATE (FIRST CLASS) 33RD COURT
Ballard Estate, MM Court
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--256 CRPC
Decision Date: 11th March 2026

TrustJury record updated 06 Oct 2026

Case Overview

Registration Number
3301031/2021
Registration Date
09 Dec 2021

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Petitioner

    1. 1Ashok B Hisaria

    Respondent

    1. 1Perfact Instruments Corporation
    2. 2RAJENDRA PRASAD MODI

    Acts & Sections

    1
    NEGOTIABLE INSTRUMENTS ACT · Sec 138

    Case History / Proceedings

    Case History
    Date: 21-01-2022
Business: Adv for complainant present.
In view of standard operating procedure (SOP) Dated 06/01/2022 issued by Honble High Court And office order of Honble CMM vide No. Estt. 16/26/2022 dated 07/01/2022 in Respect of Covid -19 Cases. Hence, matter is adjourned.
Next Purpose: VERIFICATION
Next Hearing Date: 05-03-2022

Date: 05-03-2022
Business: - Complainant absent advocate present.
- for verification.
Next Purpose: VERIFICATION
Next Hearing Date: 06-05-2022

Date: 06-05-2022
Business: complainant present.
advocate for complainant present.
verification statement affidavit of evidence affidavit under section 202 cr.p.c.and pursis filed.
matter is kept for issue process order.
Next Purpose: VERIFICATION
Next Hearing Date: 16-07-2022

Date: 16-07-2022
Business: advocate for complainant present.
Next Purpose: VERIFICATION
Next Hearing Date: 30-08-2022

Date: 30-08-2022
Business: - Complainant absent advocate present.
- Issue process against accused.
- for summons report.
Next Purpose: NOT HEARD CASES AT 11.00 AM
Next Hearing Date: 07-10-2022

Date: 07-10-2022
Business: - Complainant absent advocate present.
- Accused absent advocate absent.
Next Purpose: NOT HEARD CASES AT 11.00 AM
Next Hearing Date: 05-11-2022

Date: 05-11-2022
Business: - Complainant absent advocate present.
- Accused absent advocate absent.
- Advocate for complainant filed application for issue non-bailable warrant against accused.
O - Issue non-bailable warrant against accused.
- for report.
Next Purpose: NOT HEARD CASES AT 11.00 AM
Next Hearing Date: 17-12-2022

Date: 17-12-2022
Business: - Complainant absent advocate present.
- Accused absent advocate absent.
- Advocate for complainant filed application for issue non-bailable warrant against accused.
O - Issue non-bailable warrant against accused.
- for report.
Next Purpose: NOT HEARD CASES AT 11.00 AM
Next Hearing Date: 07-01-2023

Date: 07-01-2023
Business: Advocate for complainant present.
warrant executed by police
Exh. 4 - Warrant executed report filed by Sarkarwada polie stn., Nasik city.
O- He is taken in MCR till 13.01.2023.
Exh. 5 - Vakalatnama
Exh. 6 - Application for bail of accused.
O- furnishing P.R. bond of Rs. 15000/- and deposit of Cash security of Rs. 15000/-.
- Furnished bond by accused
Exh. 7 - recorded plea and charge of accused.
- explained and read over to accused
Offence P/U/Sfec. 138 of N.I. Act.
- accused plead not guilty.
adj. for filling affidavit
Next Purpose: HEARING / EVIDENCE CASES
Next Hearing Date: 04-02-2023

Date: 04-02-2023
Business: Advocate for complainant present.
Advocate for accused present.
Exh. 8 - Application filed by Advocate for complainant for Interim compensation U/Sec. 143-A of N.I. Act.
O - Called accused to say
Adj. for say on Exh. 8
Next Purpose: 143A of N. I. Act
Next Hearing Date: 04-03-2023

Date: 04-03-2023
Business: Advocate for complainant present.
Advocate for accused present.
Exh. 9 - Reply filed by Advocate for accused.
Adj. for argument Exh. 8
Next Purpose: 143A of N. I. Act
Next Hearing Date: 17-03-2023

Date: 17-03-2023
Business: Advocate for complainant present.
- Accused present.
- Advocate for accused absent.
- Accused pray for date.
Adj. for argument and order on Exh. 8
Next Purpose: 143A of N. I. Act
Next Hearing Date: 30-03-2023

Date: 30-03-2023
Business: Advocate for complainant present.
Advocate for accused present.
Adj. for argument and order
Next Purpose: 143A of N. I. Act
Next Hearing Date: 02-05-2023

Date: 02-05-2023
Business: Ld. M.M. is on leave.
- Charge with 16th Court.
- Hence, Board is discharge
Adj. for steps
Next Purpose: 143A of N. I. Act
Next Hearing Date: 27-06-2023

Date: 27-06-2023
Business: Advocate for complainant present.
- Accused absent.
- Advocate for accused absent.
- Application for issuance warrant against accused
O - Issue N.B.Wt against accused.
Adj. for argument on Exh. 8
Next Purpose: 143A of N. I. Act
Next Hearing Date: 24-07-2023

Date: 24-07-2023
Business: Accused present.
- Advocate for accused present.
- Application for taken on todays board.
O - Application is allowed.
- Filed vakalatnama of accused.
- Application for cancellation of warrant.
O - Warrant cancelled subject to penalty of Rs. 200/-
- penalty paid by accused.
Adj. for fix date
Next Purpose: 143A of N. I. Act
Next Hearing Date: 22-08-2023

Date: 22-08-2023
Business: Advocate for complainant present.
- Advocate for accused present.
Adj. for argument on Exh. 8
Next Purpose: 143A of N. I. Act
Next Hearing Date: 19-10-2023

Date: 19-10-2023
Business: - Advocate for complainant present.
- Advocate for accused present.
- Adjournment application filed by advocate for accused.
- Adjournment is granted till next date.
- Adj. to
Next Purpose: 143A of N. I. Act
Next Hearing Date: 12-12-2023

Date: 12-12-2023
Business: Advocate for complainant present.
- Advocate for accused present.
 - Separate details order passed on Exh. 8
O - Ultimately the application is allowed and accused are directed to pay 20% interim compensation within 60 days from today.
Adj. for evidence of complainant
Next Purpose: HEARING / EVIDENCE CASES
Next Hearing Date: 19-01-2024

Date: 19-01-2024
Business: Advocate for complainant present.
- Advocate for accused present.
Adj. for evidence of complainant
Next Purpose: HEARING / EVIDENCE CASES
Next Hearing Date: 12-03-2024

Date: 12-03-2024
Business: - Advocate for complainant present.
- Advocate for accused present.
Adj. for evidence of complainant.
Next Purpose: HEARING / EVIDENCE CASES
Next Hearing Date: 30-04-2024

Date: 30-04-2024
Business: Ld MM is on leave
- charge with 38th Court.
- hence board is discharged.
Adj. for steps
Next Purpose: HEARING / EVIDENCE CASES
Next Hearing Date: 11-07-2024

Date: 11-07-2024
Business: - Complainant absent.
- Advocate for complainant present.
- Accused absent.
- Advocate for accused present.
adj. for evidence of complainant
Next Purpose: HEARING / EVIDENCE CASES
Next Hearing Date: 13-09-2024

Date: 13-09-2024
Business: - Complainant present.
- Advocate for complainant present.
- Advocate for accused present.
- adj. for evidence of complainant
Next Purpose: HEARING / EVIDENCE CASES
Next Hearing Date: 11-12-2024

Date: 11-12-2024
Business: - Advocate for complainant present.
- Advocate for accused present.
- Date given by consent.
- Adj. For evidence of complainant.
Next Purpose: HEARING / EVIDENCE CASES
Next Hearing Date: 12-02-2025

Date: 12-02-2025
Business: - Advocate for complainant present.
- Advocate for accused present.
Exh. 10 - Application filed by Advocate for complainant for furnishing details of properties  of accused.
O - Called accused to say
Adj. for say on Exh. 10
Next Purpose: HEARING / EVIDENCE CASES
Next Hearing Date: 16-04-2025

Date: 16-04-2025
Business: Complainant absent.
Advocate for complainant absent.
Accused absent.
Advocate for accused present.
Adj. for evidence of complainant.
Next Purpose: HEARING / EVIDENCE CASES
Next Hearing Date: 17-07-2025

Date: 17-07-2025
Business: Complainant absent.
- Advocate for complainant present.
- Advocate for accused present.
Adj for evidence of complainant.
Next Purpose: HEARING / EVIDENCE CASES
Next Hearing Date: 29-10-2025

Date: 29-10-2025
Business: Complainant absent.
- Accused absent.
- Advocate for accused present.
- Order Below Exh. 10 - Accordingly I have rejected this application.
Adj for evidence of complainant.
Next Purpose: HEARING / EVIDENCE CASES
Next Hearing Date: 07-01-2026

Date: 07-01-2026
Business: - Advocate for complainant absent.
- Accused absent.
- Advocate for accused present.
Order Below Exh. 1 -
Complainant is not interested to proceed with this case. Hence Kept this case for dismissal order on next date.
Adj for.
Next Purpose: HEARING / EVIDENCE CASES
Next Hearing Date: 11-03-2026

Date: 11-03-2026
Business: Complainant absent.
- Advocate for complainant absent.
Order passed Below Exh. 1 - O - The complaint is dismissed U/sec. 256 of Cr.P.C. The accused No. 1 and 2 are acquitted of the offence punishable U/sec. 138 of N.I. Act.
Nature Of Disposal: 256 CRPC
Disposal Date: 11-03-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 511346/2021
Filing Date: 09-12-2021
First Hearing Date: 21st January 2022
Decision Date: 11th March 2026
Court Number And Judge: 2-JUDICIAL MAGISTRATE (FIRST CLASS) 33RD COURT

    Orders

    1
    Final Order 1
    11 Mar 2026
    Order Details: Case/Complaint Dismissal Order
Pdf Text: IN THE COURT OF THE JUDICIAL MAGISTRATE (FIRST CLASS),
33RD COURT, BALLARD PIER AT MAZGAON, MUMBAI.
C. C. No. 1031/Sum/2021
Order below Exh-01
Perused the complaint. This complaint is filed in the
year 2021 and is of about five years old. In this case complainant
has filed his evidence affidavit on 06.05.2022 along-with his
verification statement. Thereafter on 07.01.2023, plea of accused
was recorded and matter is kept for producing list of documents.
But since the recording of plea, complainant has remained absent
continuosly and failed to file list of documents. Therefore, as per
order passed below Exh.01 on 07.01.2026, I have kept this case for
dismissal order. Today also complainant and his advocate are absent
when consistently called. All these facts clearly shows that
complainant is not interested to proceed with this case. Hence, the
complaint is dismissed U/sec.256 of Cr. P. C. The accused nos.1 and
2 are acquitted of the offence punishable U/sec.138 of the N.I. Act.
(H. R. Patil)
Date : 11.03.2026 Judicial Magistrate (First Class),
33rd Court, Ballard Pier at Mazgaon, Mumbai.
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