Order 1

Order Details: Copy of Order - 1
Pdf Text: C.C.NO.2704/SC/2022 ::1:: ORDER
ORDER BELOW EXHIBIT 69 IN C.C.NO. 2704/SC/2022
1. This is an application made by the accused for permission to
examine one more witness. Whereas the complainant strongly
opposed the application vide his say.
2. Heard. Read the application and say. Perused record and
proceedings. It appears that this is a complaint case u/s. 138 of the
Negotiable Instrument Act 1881 (in short ‘the N.I. Act’). After
issuance of process, the accused appeared and pleaded not guilty.
Trial has commenced. The complainant led his evidence. The
statement of the accused was recorded vide Section 313 of the
Cr.P.C. The accused examined himself and his witness No.2 DW2
Urvi Dave. He closed his evidence vide evidence closed pursis.
Presently, the case is fixed for final argument.
3. Now the accused wants to examine one more witness namely,
Pratik. According to him, it is revealed in cross-examination of
DW2 Urvi that he had allegedly taken loan from Mr.Pratik. But it is
contended in the present application that Pratik is the employee of
the complainant and the accused never availed any loan from Pratik.
As seen in cross-examination of DW2 Urvi, the learned advocate for
the complainant asked a question to her in the nature of suggestion
that the accused availed a loan from Pratik. But she is not aware of
the same. In view of this, the accused wants to examine Pratik.
Though the full name and address have not been mentioned in the
present application, but it is contended therein that his name and
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C.C.NO.2704/SC/2022 ::2:: ORDER
address will be provided at relevant time. On 12/06/2026, cross-
examination of DW2 Urvi was completed. On the same day, the
accused filed his evidence closed pursis. On next date, the case was
adjourned at the instance of both parties. Thereafter, the accused
filed the present application. In view of this, it is clear that the
accused did not take more time to make the present application.
Considering the ground raised by him in the present application, an
opportunity can be given to him for the just decision of the case. If
he is permitted to examine Pratik, no prejudice will be caused to the
complainant. Needless to say that the complainant will get an
opportunity to conduct cross-examination of Pratik.
4. Therefore, the application is allowed and the accused is
permitted to examine Pratik as defence witness. The accused shall
provide full name and address of Pratik so as to enable to serve
witness summon on him. The accused shall make an endeavor to
serve summon on Pratik. If he fails to do so, his evidence shall stand
closed.
Judicial Magistrate, First Class,
Date 18/07/2026 56th Court, Mazgaon, Mumbai
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