Interim Order 1

Order Details: Copy of Order - 1
Pdf Text: ORDER BELOW EXHIBIT 26 IN C.C.NO.7893/SC/2024
1. This is an application made by the complainant to dispense
with the statement of the accused. Whereas the accused failed to
file the say.
2. Read the application. Perused record and proceedings. It
appears that this is a complaint case under Section 138 of the
N.I. Act. After issuance of process, the accused persons pleaded
not guilty. Trial has commenced. The complainant led its
evidence. The accused persons failed to conduct cross-
examination. Hence, the order of no cross-examination was
passed against them. The complainant closed its evidence.
3. The accused do not attend the Court since long. The NBW
has already been issued against them. But in vain. They are
avoiding to record their statement u/s. 313 of Cr.P.C. In view of
the ratio laid down by Hon’ble Bombay High Court in the case
of Prakash Chimanlal Sheth V/s. T. Ramalingan Nadar and
others, reported in 2022 SCC Online Bom.10161, the
statements of the accused u/s.313 of Cr.P.C. can be dispensed
with. Hence, the application is allowed and the statements of the
accused u/s.313 of Cr.P.C. are dispensed with.
Judicial Magistrate, (First Class)
Date 16/04/2026 56th Court, Mazgaon, Mumbai
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