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Court Applications for Exemption in Mumbai

The document contains multiple applications for exemption from court appearances for various accused individuals due to personal circumstances such as urgent work or religious obligations. Additionally, there are applications for withdrawal of complaints and requests for reissuing summons due to unserved notices. The applications are submitted by advocates on behalf of the accused and complainants in different cases across various courts in Mumbai.

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Sushil Tiwari
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0% found this document useful (0 votes)
50 views21 pages

Court Applications for Exemption in Mumbai

The document contains multiple applications for exemption from court appearances for various accused individuals due to personal circumstances such as urgent work or religious obligations. Additionally, there are applications for withdrawal of complaints and requests for reissuing summons due to unserved notices. The applications are submitted by advocates on behalf of the accused and complainants in different cases across various courts in Mumbai.

Uploaded by

Sushil Tiwari
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

1

IN THE COURT OF JUDICIAL MAGISTRATE

FIRST CLASS AT ANDHERI MUMBAI

C. C. NO. 833/ PW/2020

State (Sahar Police station) … Complainant

Versus

Mrs. Nayomi Jay Raju Golla

………. Accused

MAY IT PLEASE YOUR HONOUR

Application for Exemption on behalf Accused U/s 317 of

Cr.P.C

That The Accused is charged with (U/ss, 465,468,471,420,34,

of I.P.C.) and his attendance is not necessary, Due to, his Brother

has been expired , So he cannot Appear before this court. today.

It is therefore prayed that Your Honor may be pleased to

dispense with the attendance of the Accused (Nayomi JayRaju

Golla) for the present and proceed with the matter in the interest

of Justice and may pass such other order or orders as this Court

may think fit and proper.

Place: Mumbai
2

Date: 25. 06 .2025 Advocate for the Accused

IN THE COURT OF 1ST CLASS JUDICIAL


MAGISTRATE 23rd COURT AT ESPLANDE COURT
MUMBAI

C. C. NO. 40/PW/2020

State (Cuff parade police station) …. .


Complainant

Versus

Mr. Ravikant Ramdas Tiwari


…….accused

MAY IT PLEASE YOUR HONOUR

Application for Exemption on


behalf Accused U/s 317 of
Cr.P.C

That The Accused is charged with (U/ss, 509,354(d)


(ii) ,of I.P.C.) and his attendance is not necessary, Due
to, he has out of Bombay for his urgent works, So he
cannot Appear before this court. today.

It is therefore prayed that Your Honor may be


pleased to dispense with the attendance of Accused
(Ravikant Tiwari) for the present and proceed with the
matter in the interest of Justice and may pass such other
orders or orders as this Court may think fit and proper.
3

(Mr. Sushil
Kumar Tiwari)

Place : Mumbai

Dated : 24/12/2024 Advocate for the


Accused

IN THE COURT OF MATROPOLITAN MAGISTRATE


14th COURT AT GIRGAUN MUMBAI

C.C. NO. 3466 SS/2015

M/S YASH INTERPRISES


…..Complainant

Versus

Mr. DEEPAK KADAM


………. Accused

MAY IT PLEASE YOUR HONOUR

Application for Exemption on


behalf Accused

That in aforesaid matter is kept for bank witness of


Complainant, but the notice has not been collected till
date . and Accused is not present today, due to out of
station for his urgent works . therefore he can not
appear before this Honorable court today .
4

Therefore the Accused may be Exempted to- day for


Appearance to this Honorable Court.

For this act of kindness I shall ever pray.

Place: Mumbai

Dated: 23rd January 2024 Advocate for the


Accused

IN THE COURT OF JUDICIAL MAGISTRATE 1ST


CLASS ,10th COURT AT ANDHERI MUMBAI

C.C. NO. 448 /SW/2017

Mr. KAUSER KHAN …………


Complainant

Versus

Mrs. SHAKILA SHER KHAN & 2 anr.


………. Accused

MAY IT PLEASE YOUR HONOUR

Application for Exemption


on behalf of Accused

That above said matter is kept for Evidence before


Charge of the Complainant but the Accused are not
5

present today before this Honorable court. because he


has gone to Ajmer for Religious purpose , Therefore,
they cannot Appear before this court. today.

Kindly, the Accused may be exempted today for its


appearance

I undertake they remain present on next date.

For this act of kindness, the Accused shall pray.

Place: Mumbai ( Mr. Sushil


Kumar Tiwari )

Date: 08/01/2025 Advocate for


the Accused

IN THE COURT OF1ST CLASS JUDICIAL


MAGISTRATE 48th COURT AT ANDHERI MUMBAI

C.C. NO. 1875/ SUM/2023

M/s Vijay sales corporation ….


Complainant

Versus

Mr. Aditya Thakkar ………. Accused


MAY IT PLEASE YOUR HONOUR

Application for Withdraw of the above said


Complaint
6

This humble Application most respectfully sheath :

1. That the above-named complainant has been filed


the case U/ss. 138 r/w 142 of Negotiable Instrument
Act,1882 against the above-named accused.

2. That the above said matter has been amicable settled


among the Complainant (M/s Vijay Sales
Corporation) through Atul Shethia and the
Accused and the both agreed to withdraw the above
mentioned case and finally the complainant is ready
to withdraw the case and not to proceed further .

3. It is therefore, prayed that this court may be pleased


to allow the complaint to withdraw the case from this
Honorable court and the accused may be allowed to
be acquitted from the case.

Signature of Complainant Signature of


Advocate Place - Mumbai

Date – 11.11.2024

IN THE COURT OF PRINCIPAL SENIOR CIVIL


JUDGE & ADDL. C.J.M. 4TH COURT AT BHACHAU

C.C. NO. / 674 /2023

M/s Aditya Enterprises

through Krishnadevsinh Surendrasinh Jadeja …


Complainant

Versus
7

M/s Laxmi Chemfood Products [Link]. & anr …


Accused

MAY IT PLEASE YOUR HONOUR

Application for Withdraw of the above said


Complaint

This humble Application most respectfully shew eth :

4. That the abovenmaed complainant has been filed the


case U/ss. 138 r/w 142 of Negotiable Instrument
Act,1882 against the abovenmaed accused.

5. That the above said matter has been amicable settled


among the complainant(M/s Aditya Enterprises
through Krishnadevsinh Surendrasinh Jadeja and
the accused and the both were agreed to withdraw
the above mentioned case and finally the
complainant is ready to withdraw the case and not to
proceed further .

6. It is therefore ,prayed that this court may be pleased


to allow the complaint to withdraw the case from this
Honorable court and the accused may be allowed to
be acquitted from the aforementioned case .

Signature of Complainant Signature of


Advocate Place - Mumbai

Date - 11.12.2023

IN THE COURT OF MATROPOLITAN MAGISTRATE


66 th COURT AT ANDHERI MUMBAI
C.C. NO. 2119 / PW/2023
State (Powai Police station ) …
Complainant
8

Versus
Mr. Ved prakash Chhotelal Tiwari
………. Accused
MAY IT PLEASE YOUR HONOUR

Application for Seeking


Permission to compounding
the above said matter

This Humble application most respectfully shew eth :

1. That the abovenmaed Complainant has lodged the


[Link]. Under C.R NO.125/2023 and Charge U/s
324 ,504 of I.P.C. against the abovenmaed Accused
are pending before this Hon,ble Court..

2. That the above said matter has been amicable settled


between the Original Complainant (Mrs.
Priyanka Tiwari) who is legally wedded wife of the
Accused. and she does not desirous to Examine
before the Hon,ble Court. Hence It may be Closed.

3. It is therefore ,prayed that the alleged offence U/s


324, 504 are cognizable , punishment up to 3 years
and Non -[Link] , this Court may
be Pleased to allow to Compounding the case
before this Honorable court .

For this act of Kindness .we shall ever pray

Signature of Complainant Signature


of Accused

Date : 06.04.2024 Advocate for


the Accused
9

IN THE COURT OF MATROPOLITAN MAGISTRATE


26TH COURT AT BORIVALI MUMBAI

NOTICE NO. 476 /N/2023

Dr. Pallavi Bipin Bhandare …


Complainant

Versus

1. State of Maharashtra

2. Bank of Maharashtra
…..Respondent no.2

MAY IT PLEASE YOUR HONOUR

Application for Exemption


on behalf of the
Respondent no.2

That in aforesaid matter the Respondent no.2 is


bank and his authorized person is busy in bank works
toady .

Therefore he can not appear before this Honorable


court

Kindly the appearance of Respondent no.2 may be


Exempted toady .

For this act of kindness the respondent no.2 shall


ever pray.

Place ; mumbai

Date : 2nd day of august 2023


10

Advocate for the [Link].2

( Mr. Sushil Kumar Tiwari


Advocate )

IN THE COURT OF MATROPOLITAN MAGISTRATE


26TH COURT AT BORIVALI MUMBAI

NOTICE NO. 476 /N/2023

Dr. Pallavi Bipin Bhandare …


Complainant

Versus

1. State of Maharashtra

2. Bank of Maharashtra
…..Respondent no.2

MAY IT PLEASE YOUR HONOUR

Application for Exemption


on behalf of the
Respondent no.2

That in aforesaid matter the Respondent no.2 is


bank and his authorized person is busy in bank works
toady .

Therefore, he cannot appear before this Honorable


court
11

Kindly the appearance of Respondent no.2 may be


Exempted toady.

For this act of kindness, the respondent no.2 shall


ever pray.

Place; mumbai

Date : 2nd day of august 2023 Adv. for the


Respondent no.2

[Link] Kumar
Tiwari Advocate )

IN THE COURT OF JUDICIAL MAGISTRATE 1ST


CLASS 44TH COURT AT ANDHERI , MUMBAI

C.C. NO. 2901 /SS/2021

M/s GAJANAN IMAGING PRINT


SOLUTION .Complainant

Versus

[Link] SHANKAR GHATGE …


Accused

MAY IT PLEASE YOUR HONOUR

Application for No- Say


order of The
Application U/S 143 OF
12

[Link]. against
abovenamed accused

That in aforesaid matter the Complainant has filed


the Application U/s 143 of N.I. Act. In aforesaid matter
but the Accused is not filed the say on that application
to till date . it seems ,the Accused is not interested in
this matter .

Therefor No- say order may be passed .

For this act of kindness the Complainant shall ever


pray.

Place ; Mumbai

Date : 05/04/ 2025

Advocate for the Complainant

( [Link] Kumar Tiwari


Advocate )

IN THE COURT OF MATROPOLITAN MAGISTRATE


63 rd COURT AT ANDHERI MUMBAI

C.C. NO. 6053 / SS/2015

M/S Laxmi Chemfood Products [Link].


..Complainant

Versus

Mr. KRISHNAKANT Prop.


13

Of M/s Shri Harikrishna Interprises ………


Accused

MAY IT PLEASE YOUR HONOUR

Application for Withdraw of the Abovesaid


Complaint

This Humble application most respectfully shew eth :

1. That the abovenmaed complainant has been filed the


case U/s 138 r/w 141 of [Link] agianst the
abovenmaed accused.

2. That the abovesaid matter has been amicable settlled


among the complainant ( Laxmi Chemfood products
[Link].) and the accused and the both were agreed
to withdraw the above mentioned case and finally the
complainant is ready to withdraw the case and not to
proceed further .

3. It is therefore ,prayed that this court may be pleased


to allow the complaint to withdraw the case from this
Honorable court and the accused may be allowed to
be acquitted from the aforementioned case .

Signature of complainant Signature of


Advocate

Place - Mumbai

Date - 04.09.2023

INTHE COURT OF 1ST CLASS JUDICIAL


MAGISTRATE 71st COURT AT BANDRA MUMBAI
14

C.C. NO. 923/PW/2009

State ( Vakola Police Station )


………….Complainant

Versus

Mr. Anil Mahendrapratap Mishra ……….


Accused

MAY IT PLEASE YOUR HONOUR

Ap
plication for Exemption on
behalf Accused U/s 317 of
Cr.P.C

That The Accused is charged with (U/s 380 of I.P.C.)

and his attendance is not necessary, Due to, he has out

of Bombay for his urgent works , So he cannot Appear

before this court. today.

It is therefore prayed that Your Honor may be

pleased to dispense with the attendance of the Accused

(Anil Mehendrapratap Mishra ) for the present and

proceed with the matter in the interest of Justice and

may pass such other order or orders as this Court may

think fit and proper.

Place: Mumbai
15

Date: 23/06/ 2025 ( Mr. Sushil Kumar

Tiwari)

Advocate for the

Complaint

THE COURT OF MATROPOLITAN MAGISTRATE


48th COURT AT ANDHERI MUMBAI

Summary Case /4801875/2023

VIJAY SALES CORPORATION ……Complainant

Versus

Mr. Aditya Thakkar ……….


Accused

MAY IT PLEASE YOUR HONOUR

APPLICATION FOR Reissue the summons to the


Accused abovenmaed on New Address.

That in aforesaid matter The Honorable court has


been issued the Summon for the appearance to the
abovenamed accused . but the said summon has been
returned as remarked “ item returned Addressee Left
Without instructions”. Therefore it is UN-served.

Hence the complainant is praying to this Honorable


court to reissues the summons as given following
address.

OM TOYS , SHOP NO- 4

For this act of kindness I shall ever pray.


16

Place : Mumbai Adv. for the


Complainant

Date : 31st January 2024

IN THE COURT OF MATROPOLITAN MAGISTRATE


14th COURT AT GIRGAUN MUMBAI

C.C. NO. 3466 SS/2015

M/S YASH INTERPRISES


…..Complainant

Versus

Mr. DEEPAK KADAM


………. Accused

MAY IT PLEASE YOUR HONOUR

APPLICATION FOR ISSUE THE


SUMMONS TO THE POSTAL
DEPT. FOR WITNESS .

That in aforesaid matter is kept for defence witness,


but the Accused in his defence to pray to this
Honorable Court to issue the summons to the Postal
Department regarding the service of demand notice
which is MARKED AS “UNCLAIMED “ .
17

The Accused submits that the demand notice dated


16.01.2015 was not delivered to me ,as address given
by the Complainant in his notice .

Therefore , kindly issue the summons to the Post


office, at Andheri ( East)Mumbai -400099 ,for
examination before this Honorable Court.

For this act of kindness I shall ever pray.

Place: Mumbai

Dated: 6th March , 2024 Advocate for


the Accused

IN THE COURT OF CIVIL JUDGE SENIOR DIVISION


PALGHAR /DAHANU

SPECIAL CIVIL SUIT NO. 39 OF 2023

Bank of Maharashtra
……….Plaintiff

Versus

M/s Maya General Stores

Prop. Mr. Suresh L. Jain (Borrower ) ………


Defendants

APPLICATION FOR RE-ISSUE THE


SUMMONS TO THE
ABOVENMAED DEFENDNAT
UPON HIS NEW ADDRESS:

May it please Your Honour :


18

That in aforesaid matter is kept for awaiting


notice to the abovenmaed defendant .But the
Plaintiff has found his new address from some
reliable sources , which is as below:

M/s Maya General Stores

Prop. Mr. Suresh L. Jain (Borrower )

Residence address : Flat no.1 A-wing


Meenakshi Complex Shroff Trade Centre Near
Madhuri Sweets Boisar -401501

Therefore the Plaintiff is praying to this Hon’ble


Court to Reissue the Summons to the Defendant
abovenmaed and serve through Court Beliefs

For ths act of Kindness ,the plaintiff shall ever pray

Place : Palghar

Dated : 15/02/2024

IN THE COURT OF CIVIL JUDGE SENIOR DIVISION


PALGHAR /DAHANU

SPECIAL CIVIL SUIT NO. 39 OF 2023

Bank of Maharashtra
……….Plaintiff

Versus

M/s Maya General Stores

Prop. Mr. Suresh L. Jain (Borrower ) ………


Defendants

AFFIDAVIT IN SUPPORT OF
APPLICATION
19

May it please Your Honour :

I MR. SACHIN AGRAWAL AGE . 35 YRS


Occupation Service and branch manager of plaintiff
bank abovenamed and having address at CFC
Building Takinaka ,MIDC Tarapur Dist Palghar do
hereby solemn affirmation as under :

1. That in aforesaid matter is kept for awaiting


notice to the abovenmaed defendant .But the
Plaintiff has found his new address from some
reliable sources , which is as below:

M/s Maya General Stores

Prop. Mr. Suresh L. Jain (Borrower )

Residence address : Flat no.1 A-wing Meenakshi

Complex Shroff Trade Centre Near Madhuri


Sweets

Boisar -401501

2. Therefore the Plaintiff is praying to this Hon’ble


Court to Reissue the Summons to the Defendant
abovenmaed and serve through Court Beliefs

For ths act of Kindness ,the plaintiff shall ever pray

Deponent

VERIFICATION

I MR. SACHIN AGRAWAL AGE . 35 YRS


Occupation Service and branch manager of plaintiff
bank abovenamed and having address at CFC
Building Takinaka ,MIDC Tarapur Dist Palghar that
20

whatever stated in forging para are true and correct


with my best of knowledge and believe and same I
believe is true .

Place : Palghar

Dated : 15/02/2024
deponent

Identified by me

before me

Advocate for the Plaintiff

IN THE COURT OF CIVIL


JUDGE SENIOR DIVISION
PALGHAR /DAHANU

SPECIAL CIVIL SUIT NO. 39


OF 2023
21

Bank of Maharashtra

….Plainti
ff

Versus

M/s Maya General Stores

Prop. Mr. Suresh L. Jain


(Borrower ) ………
Defendants

AFFIDAVIT IN
SUPPORT OF
APPLICATION

Dated --th day of march


2025

Sushil Kumar Tiwari

Advocate for the Plaintiff


Office : Unit no.12 ground
floor Madhuban ind.
Premises off. Mahakali
caves road mobile no.
9323191222 Email id.
tsuhhil929@[Link]

Common questions

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In cases involving amicable settlements under the Negotiable Instrument Act, both parties may agree to withdraw the complaint, leading to the acquittal of the accused as seen in certain Mumbai court cases, such as those involving M/s Vijay Sales Corporation and M/s Aditya Enterprises . In contrast, cases without settlements continue to be litigated, possibly resulting in penalties or convictions if guilt is established.

Religious obligations can significantly affect legal proceedings, providing justifiable reasons for temporary non-attendance in court. In Mumbai, exemptions have been granted when defendants cited attendance at religious services, such as visits to Ajmer, as seen in several cases. This highlights a recognition by the judicial system of the importance of religious commitments, balancing cultural sensitivity with legal requirements .

Advocacy plays a pivotal role in plea submissions for withdrawals under Sections 138 and 142 of the Negotiable Instruments Act. Advocates are responsible for negotiating settlements between parties and presenting amicable agreements to court, as exemplified in the cases involving M/s Vijay Sales Corporation and M/s Aditya Enterprises, leading to the withdrawal of cases and acquittals .

When a summon is returned as "unserved" due to an incorrect address, Mumbai court practices involve reissuing the summon. This typically requires the complainant to provide a correct address, as seen in the Vijay Sales Corporation case, where the court was asked to issue the summons to a new address after the initial attempt failed .

Reissuing court summons for debt-related cases often involves challenges like locating the correct addresses for defendants, as in the Bank of Maharashtra case, where updated addresses had to be obtained from reliable sources. This can delay proceedings and affect case outcomes, further complicated by erratic compliance of defendants. It stresses the need for efficient address validation and robust legal frameworks .

Filing for the reissuance of court summons involves submitting an application to the court with a new or corrected address for the recipient, as demonstrated in cases like the Bank of Maharashtra versus M/s Maya General Stores. This procedure ensures that legal notifications are properly served, maintaining the integrity of the legal process and allowing fair opportunity for defendants to respond .

According to several cases from Andheri, Mumbai, exemptions under Section 317 of the Criminal Procedure Code may be granted for various personal circumstances, such as the accused being out of town for urgent work, attending religious functions, or due to the death of a close relative. These requests are made under the discretionary power of the court, which may grant or deny them based on the context of each case .

Amicable settlements of non-compoundable offenses, while not legally binding in dismissing charges due to their nature, demonstrate the court's discretion in prioritizing reconciliation and resolution, especially in instances where complainants are not inclined to pursue charges, as with Mrs. Priyanka Tiwari's case. This reflects a pragmatic approach in the judicial process, aiming to resolve societal issues outside traditional punitive measures .

The courts in Mumbai have effectively managed non-appearances due to professional obligations by allowing temporary exemptions when justified. This approach, seen in cases involving business obligations like Mr. Ravikant Tiwari's urgent work, upholds the legal process by ensuring that justice is not impeded by unavoidable professional demands .

Witness examination is crucial in court proceedings to establish the credibility of evidence presented. In the case against the Bank of Maharashtra, the lack of appearance by the respondent's authorized person led to a request for exemption. Without witness examination, certain claims or defences may not be adequately proven, impacting the case outcome .

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