Order 1

Order Details: copy of Order
Pdf Text: ORDER BELOW APPLICATION VIDE EXH.30
in C.C. NO. 169/SC/2023
By the present application the accused is seeking to set
aside no cross order dated 14/01/2025 passed below Exh. 6 on the
grounds mentioned in the application. The application is resisted by
complainant by filing say on the overleaf of the application contending
that, the application is not tenable at this stage, as no grounds are made
out in the application. Accused is trying to prolong the matter. If the
application is allowed, it will amount to allowing accused to take
advantages of his delay tactics. Alternatively, complainant prayed for
imposing heavy cost.
2. I have heard learned advocates for both sides at length.
Admittedly, record of the case shows that, there is delay on part of the
accused for conducting the cross-examination. However, the accused
denied claim of the complainant and claimed to be tried. Moreso, claim
of the complainant is based on cheque for an amount of Rs.1,00,000/-
(Rs. One Lakh Only). Averment in the complaint discloses that, there
was transaction in between both parties regarding friendly loan. It is
further seen that, the accused issued cheque towards the discharge of
liability of legally enforceable debt. Considering the nature of
transaction and involvement of huge amount, the present application is
need to be allowed in the interest of justice. As far as question of delay
is concerned, it can be compensate by awarding cost to the
complainant. In the result following order is pass.
ORDER
1. The application vide Exh. 30 is allowed, subject to cost of
Rs.500/- (Rupees Five Hundred Only) to the complainant.
2. Accused to complete cross-examination of the complainant
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below Exh. 6 on next date without fail. Failing of which
further necessary orders will be passed.
3. Both parties and respective advocates to take notes.
(G. M. Charankar)
Judicial Magistrate (First Class)
Date :08/08/2025 73rd Court, Vikhroli, Mumbai.
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