Case Details

Ms Kothari Finance, Revenue Sharing Partner With Shriram Transport Finance Company Ltd. Vs Nitu Singh

Case Details

casenoCase TypeCOMA
casenoFiling Number417/2015
casenoRegistration Number97/2015
caseno Filing Date28-05-2014
hearingRegistration Date06-07-2015
hearingFirst Hearing Date24th July 2015
dateDecision Date08th April 2017
casestatusCase StatusCase Disposed
courtCourt Number and Judge1-Additional Civil Judge (Senior Division);
natureNature of DisposalUncontested--Dismissed As Withdrawn;

Petitioners & Respondents

contactsPetitioner

Ms Kothari Finance Revenue Sharing Partner With Shriram Transport Finance Company Ltd., ;

contactsPetitioner Advocate

Rajesh Yadav;

contacts Respondent Name

Nitu Singh;

Order Details

orderdate Order Date24-07-2015 documents

M/S Kothari Finance Vs. Nitu Singh. Present:- Complainant in person with Shri Rajesh Kumar Yadav, Adv. Summons could not be issued to accused for want of summons and copy. The requisite compliance be made within seven days, thereafter, fresh notice to accused be again issued for 7.9.2015 on filing of summons and copy etc. Dated:-24.7.2015. (Neelam) JMIC,Loharu. BDPCARDB Vs. Rajender Kumar Present:- Complainant in person with Shri Banwari Lal, Adv. Accused on bail with Shri Sunil Kumar,Adv. Today the case was fixed for filing consideration on the said application. Arguments not advanced. Adjournment requested. Heard. Allowed. Now to come upon 1.8.2015 for consideration on the said application. Dated:.23.7.2015. (Neelam) JMIC,Loharu.

orderdate Order Date07-09-2015 documents

M/S Kothari Vs. Nitu Singh. Present:- Shri Rajesh Yadav, learned counsel for complainant. All accused on bail with Shri R. S.Bhalothia,Adv. Today the case was fixed for appearance of accused. At this stage an application for grant of exemption of the Complainant moved by the learned counsel for the complainant. Heard. Keeping in view the facts and circumstances mentioned in the application, the exemption application is hereby allowed and personal appearance of complainant is exempted for today only. Notice to accused received back unserved. Let, fresh notice to accused be again issued for 7.10.2015 on filing summons and copy etc.' (Neelam) JMIC,Loharu.7.9.2015.

orderdate Order Date07-10-2015 documents

M/S Kothari Vs. Nitu Singh. Present:- Shri Rajesh Yadav, learned counsel for complainant. Today the case was fixed for appearance of accused. At this stage an application for grant of exemption of the Complainant moved by the learned counsel for the complainant. Heard. Keeping in view the facts and circumstances mentioned in the application, the exemption application is hereby allowed and personal appearance of complainant is exempted for today only. Notice to accused not received back either served or unserved. Let, fresh notice to accused be again issued for 18.11.2015 on filing summons and copy etc.' (Neelam) JMIC,Loharu.7.10.2015. 97/2015

orderdate Order Date18-11-2015 documents

M/S Kothari Vs. Nitu Singh. Present:- Complainant in person with Shri Rajesh Yadav, Adv. Notice to accused not received back either served or unserved. Let, fresh notice to accused be again issued for 9.12.2015 on filing summons and copy etc.' (Neelam) JMIC,Loharu.18.11.2015. 97/2015

orderdate Order Date09-12-2015 documents

M/S Kothari Vs. Nitu Singh. Present:- Complainant in person with Shri Rajesh Yadav, Adv. Notice to accused not received back either served or unserved. Let, fresh notice to accused be again issued for 20.1.2016 on filing summons and copy etc.' (Neelam) JMIC,Loharu.9.12.2015. 97/2015

orderdate Order Date20-01-2016 documents

M/S Kothari Vs. Nitu Singh. Present:- Complainant Ramesh Kothari in person with Shri Rajesh Yadav, Adv. Authority letter on behalf of complainant filed. Notice to accused not received back either served or unserved. Let, fresh notice to accused be again issued for 23.3.2016 on filing summons and copy etc.' (Neelam) JMIC,Loharu.20.1.2016. 97/2015

orderdate Order Date23-03-2016 documents

M/S Kothari Vs. Nitu Singh. Present:- None for complainant. Today the case was fixed for appearance of accused. Case called several times since morning but none has appeared on behalf of complainant. Let, notice to complainant be again issued for 6.4.2016. (Neelam) JMIC,Loharu.23.3.2016. 97/2015

orderdate Order Date06-04-2016 documents

M/S Kothari Vs. Nitu Singh. Present:- Complainant in person with Shri Rajesh Yadav,Adv. Today the case was fixed for appearance of accused. Notice to accused not received back either served or unserved. Let, fresh notice to accused be again issued for 18.5.2016. (Neelam) JMIC,Loharu.6.4.2016. 97/2015

orderdate Order Date18-05-2016 documents

M/s Kothari vs. Nitu Singh  Present:  Complainant with Sh. Rajesh Yadav, Adv.  In   compliance   of   order   dated   18.4.2016,   passed   by   ld.   District   &  Sessions Judge,   Bhiwani, file received by way of transfer. It be checked and  registered.  Summons   issued   to   accused   not   received   back   either   executed   or  unexecuted. Let, fresh summons be issued to accused for 20.7.2016, on filing  summons and copy of complaint/RC/regular/dasti etc  Dated 18.5.2016 Vineet Sapra SDJM, Loharu.

orderdate Order Date20-07-2016 documents

M/S Kohari Vs. Nitu  Present:  Complainant with Sh. Rajesh Yadav, Adv.  Summons issued to accused not received back either served or  unserved. Let, fresh summons be issued to accused for 7.9.2016, on filing  summons and copy of complaint/RC/regular/dasti etc. last opportunity is  granted.  Dated 20.7.2016 Vineet Sapra SDJM, Loharu.

orderdate Order Date07-09-2016 documents

Bhajan Lal etc In the Court of Vineet Sapra Sub Divisional Judicial Magistrate, Loharu. Notice of accusation. M/S Kothari Finance. Versus Nitu Singh son of Shri Ram Kishan, resident of village Mandholi Khurd, Tehsil Siwani, District Bhiwani. I, Vineet Sapra Sub Divisional Judicial Magistrate, Loharu do hereby serve upon you Nitu Singh the following notice, as under : That on 28.03.2015 you the above named accused was issued a cheque no.350133 of Rs.1,02,899- in favour of the complainant Bank drawn on The Allahabad Bank, Branch office Behal, but the same was returned unpaid with the remarks “Insufficient funds” and thus you have thereby committed an offence punishable under Section 138 of Negotiable Instrument Act, which is within my cognizance. And I hereby direct that you be tried by this Court on the said notice. Dated:07.09.2016. (Vineet Sapra) SDJM, Loharu. Certified that the contents of the above said notice have been readover and explained to the accused in simple Hindi. Dated: 07.09.2016. (Vineet Sapra) SDJM, Loharu. M/S Kothari Finance Vs. Nitu Singh. Statement of accused Nitu Singh aged ___________years. On SA. Q. Have you heard the notice? Ans. Yes, Sir. Q. Do you plead guilty or not? Ans. I do not plead guilty and claimed trial. RO & AC. (Vineet Sapra) SDJM, Loharu.07.09.2016. M/S Kothari Finance. Versus Nitu Singh. Present: Accused Nitu Singh in person, represented by his counsel Shri R.K.Pawaria, Advocate. File again taken up. Accused Nitu Singh appeared in Court. Heard. Since the offence being bailable and it is a complaint case, the accused is admitted to bail on his furnishing bail and surety bond in the sum of Rs.50,000/- with one surety in the like amount. Requisite bail and surety bonds furnished, accepted and attested. Heard. From the complaint and as well preliminary evidence of the complainant and other documents on record file, a prima facie case punishable under Section 138 of Negotiable Instrument Act is made out against the accused. Notice of accusation has been served upon him, to which he pleaded not guilty and claimed trial. Now to come up on 02.11.2016,the date already fixed for after notice evidence of the complainant. Dated: 07.09.2016. (Vineet Sapra) SDJM.,Loharu.

orderdate Order Date02-11-2016 documents

M/S Kothari Vs. Nitu Singh. Present:- Complainant in person with Shri Rajesh Yadav,Adv. Accused on bail with Shri R.K.Pawaria,Adv. .Today the case was fixed for after notice evidence of the complainant. No evidence is present. On request, the case stands adjourned to 22.11.2016 for after notice evidence of the complainant. (Vineet Sapra) SDJM,Loharu.02.11.2016.

orderdate Order Date22-11-2016 documents

Ms. Kothari Finance Vs. Nitu Singh Present: Sh. Rajesh Yadav, Adv. For the complainant. Accused on bail with Sh. RK Pawaria, Adv. Today the case was fixed for after notice evidence of the complainant. At this stage, an application for exemption from personal appearance on behalf of complainant, filed. For the reasons mentioned in the application, the same is allowed and personal appearance on behalf of complainant is exempted today only. Now, to come up on 09.12.2016, for after notice evidence of the complainant. Last opportunity is granted. Vineet Sapra SDJM, Loharu, 22.11.2016

orderdate Order Date09-12-2016 documents

M/s Kothari Vs. Nitu  Present:  Complainant with Sh. Rajesh Yadav, Adv.  Accused on bail with Sh. RK Pawaria, Adv.    No CW is present today. On request, case stand adjourned to 16.12.2016,  for after notice evidence of the complainant. Last opportunity shall stand.  (Vineet Sapra)           SDJM, Loharu/9.12.2016

orderdate Order Date16-12-2016 documents

M/s Kothari Finance Vs. Nitu Singh  Present:  Complainant with Sh. Rajesh Yadav, Adv.  Accused on bail with Sh. RK Pawaria, Adv.    Today the case was fixed for after notice evidence of the complainant.  One CW is present and his cross examination recorded. Thereafter, complainant  close   his   evidence   after   tendering   documents   Ex.C5,   vide   his   separately  recorded statement.  Now, to come up on 16.01.2017, for recording statement of accused  under Section 313 Cr.P.C.                       Vineet Sapra Dated: 16.12.2016   Sub Divisional Judicial Magistrate,                   Loharu.

orderdate Order Date16-01-2017 documents

M/s Kothari Vs. Nitu Singh COMA/97/2015 Present: Complainant with Sh. Rajesh Yadav, Adv. Accused on bail with Sh. RK Pawaria, Adv. Today the case was fixed for recording statement of accused under Section 313 Cr.P.C. Statement of accused under Section 313 Cr.P.C. recorded. Now, to come up on 03.02.2017, for defence evidence, if any, otherwise for final arguments. Vineet Sapra Dated: 16.01.2017 Sub Divisional Judicial Magistrate, Loharu/UID No. HR0267 Vinod Kumar Stenographer-II

orderdate Order Date03-02-2017 documents

UID No.HR0267 M/s Kothari Finance Vs. Nitu Singh CIS no. COMA/97/2015 Present: Complainant with Sh. Rajesh Yadav, Adv. Accused on bail with Sh. RK Pawaria, Adv. Today the case was fixed for defence evidence. No defence evidence is present today. An adjournment has been sought by the ld. Counsel for the accused on the ground that he wants tendered some documents in defence evidence. Heard. Request is allowed. Now, to come up on 08.02.2017, for defence evidence, if any, otherwise for final arguments. Vineet Sapra Dated: 3.2.2017 Sub Divisional Judicial Magistrate, Loharu/UID No. HR0267 Vinod Kumar

orderdate Order Date08-02-2017 documents

UID No.HR0267 M/s Kothari Vs. Nitu Singh CIS no.COMA/97/2015 Present: Complainant with Sh. Rajesh Yadav, Adv. Accused on bail with Sh. RK Pawaria, Adv. Today the case was fixed for defence evidence. No defence evidence is present today. An adjournment has been sought by the ld. Counsel for the accused. Heard. Request is allowed. Now, to come up on 11.2.2017, for defence evidence, if any, otherwise for final arguments. Vineet Sapra Dated: 8.2.2017 Sub Divisional Judicial Magistrate, Loharu/UID No. HR0267 Vinod Kumar

orderdate Order Date11-02-2017 documents

UID no.HR0267 M/s Kothari Finance Vs. Nitu Singh CIS no.COMA/97/2015. Present: None for complainant. Accused on bail with Sh. RK Pawaria, Adv. File taken up today in National Lok Adalat. Complainant not appeared. Let, Court notice be issued to complainant for 1.3.2017. Vineet Sapra Dated: 11.02.2017 Sub Divisional Judicial Magistrate, Loharu.UID no.HR0267 Vinod Kumar

orderdate Order Date01-03-2017 documents

UID No.HR0267 M/s Kothari Finance Vs. Nitu Singh CIS no. COMA/97/2015 Present: Complainant with Sh. Rajesh Yadav, Adv. Accused on bail with Sh. RK Pawaria, Adv. No defence evidence is present today. On request, case stand adjourned to 22.03.2017, for defence evidence, if any, otherwise for final arguments. (Vineet Sapra) SDJM,Loharu/1.3.2017 UID No.HR0267 Vinod Kumar

orderdate Order Date22-03-2017 documents

UID No.HR0267 M/s Kothari Finance Vs. Nitu singh CIS no. COMA/97/2015 Present: Sh. Rajesh Yadav, Adv. For the complainant. Accused on bail with Sh. RK Pawaria, Adv. Today the case was fixed for defence evidence. At this stage, an application for exemption from personal appearance on behalf of complainant, filed. For the reasons mentioned in the application, the same is allowed and personal appearance on behalf of complainant is exempted today only. Now, to come up on 29.3.2017, for defence evidnece, if any, otherwise for final arguments. Vineet Sapra Dated: 22.3.2017 Sub Divisional Judicial Magistrate, Loharu/UID No. HR0267 Vinod Kumar

orderdate Order Date29-03-2017 documents

UID No.HR0267 M/s Kothari Finance Vs. Nitu Singh CIS no. COMA/97/2015 Present: Complainant with Sh. Rajesh Yadav, Adv. Accused on bail with Sh. RK Pawaria, Adv. Today the case was fixed for defence evidence. No defence evidence is present today. At this stage, separate statement of accused as well as complainant recorded, wherein they stated that the matter has been compromised and accused will pay Rs.1,00,000/- to the complainant on dated 31.3.2017 and thereafter, the complainant withdraws the present complaint. In view of the above statement, case stand adjourned to 31.3.2017, for payments. Vineet Sapra Dated: 29.3.2017 Sub Divisional Judicial Magistrate, Loharu/UID No. HR0267 Vinod Kumar

orderdate Order Date31-03-2017 documents

UID No.HR0267 M/s Kothari Vs. Nitu Singh CIS no. COMA/97/2015 Present: Complainant in person with Sh. Anil Bhalothia, ld. Proxy counsel. Accused on bail with Sh. Ashok Yadav, ld. Proxy counsel. Today the case was fixed for payment. At this stage, complainant suffered a statement that the matter has been compromised and he does not want to pursue the present complaint and withdraws the same. In view of the above statement, case stand adjourned to 8.4.2017, for consideration. Vineet Sapra Dated: 31.3.2017 Sub Divisional Judicial Magistrate, Loharu/UID No. HR0267 Vinod Kumar

Final Order Judgement

orderdateOrder Date08-04-2017 documents
M/S Kothari Finance Vs. Nitu Singh.CIS No.COMA/97/2015. Present: Sh. Rajesh Yadav,learned counsel for complainant. Accused on bail with Sh. R.K.Pawaria,Advocate. File taken up in National Lok Adalat. In view of the statement earlier made by the complainant Ramesh Kumar M/S Kothari Finance Siwani on dated 31.03.2017, the present complaint stand dismissed as withdrawn. Accordingly bail bonds of accused is discharged. File be consigned to the record room after compliance. Pronounced in National Lok Adalat. ( Vineet Sapra_ Dated: 08.04.2017. Sub Divisional Judicial Magistrate. Loharu/Presiding Officer National Lok Adalat. UID NO.HR-0267. Charanjit (Jasbir Singh Advocate) Bench Member.