LIST OF DATES AND EVENTS
DATE
EVENTS
04.04.2016 Loan was taken by the accused from the
Complainant/Appellant for the principal amount
of Rs. 75,00,000/-.
04.04.2016 Promissory note was issued by the accused
acknowledging the receipt of Rs. 75,00,000/- as a
friendly loan and promising to repay the same by
30.03.2017
25.10.2019 Dishonour of cheque no. 000091 dated 22.10.2019
worth Rs. 75,00,000/- on the grounds of
“insufficient funds” from Kotak Mahindra Bank
07.11.2019 Legal
notice
was
sent
by
the
Complainant/Appellant to the accused which was
duly served on 09.11.2019.
24.12.2019 Criminal complaint under section 138 read with
141 of the Negotiable Instruments Acts, 1881 was
filed on behalf of the Complainant/Appellant
against the accused.
24.12.2019 Evidence by way of Affidavit was filled by the
complainant/appellant.
10.02.2021 Notice u/s 251 Cr.P.C. framed against the accused
26.03.2021 Application under section 145(2) of the NI Act
was filed by the accused for cross examining the
complainant/appellant.
12.10.2021 Reply to the said 145(2) application was filed by
the complainant/appellant.
12.10.2021 An application for bringing on record the
confirmation of Accounts dated 01.04.2018 sent
from the office of the accused vide email dated
07.07.2018
was
filed
by
the
Complainant/Appellant.
08.06.2022 The Ld. MM decided the application of 145(2) of
the NI Act filed by the Accused, allowing him to
cross examine the Complainant/Appellant.
30.01.2023 Complainant/Appellant appeared for CE after
receiving the notice from the court.
20.02.2023 Despite
the
presence
of
the
Complainant/Appellant throughout the day in the
court the CE could not be conducted due to the
presence of Accused’s main counsel through VC
and an exemplary cost of Rs. 10,000/- was
imposed on Complainant/Appellant by the Ld.
MM for not being able to lead the CE.
13.03.2023 The date was fixed for CE at 2.15 PM but the Ld.
MM dismissed the case for non-prosecution at
2.11 PM
Hence the present application