Order 2

Order Details: Order Below EX 1
Pdf Text: MHMM180004622020
Summons Cases SS/5800062/2020
Sunil Siyaram Jha Vs. Ramdevan Nair
IN THE COURT OF JUDICIAL MAGISTRATE(FIRST CLASS),
58TH COURT, BANDRA, MUMBAI
ORDER BELOW APPLICATION EXH.42
This is an application filed for setting aside no cross order
came to be passed on 11.02.2025 against the accused taking recourse
to section 311 of Code of Criminal Procedure.
2. It is contended on behalf of the accused that on 11.02.2025
he was not present and as such his advocate could not proceed with the
matter.
3. Complainant objected the application vide reply Exh.43.
4. Heard, advocate Shishir Singh for the complainant. Accused
and his advocate absent.
5. Complainant has filed evidence affidavit Exh.21 on
26.09.2024. Thereafter advocate for accused was given more than
sufficient opportunity to exercise right of cross examination on behalf
of the accused. The willful default on the part of accused and his
advocate to conduct cross examination shows that either accused have
no defence to contest the complaint or he is interested only in
prolonging the matter. Today also accused and his advocate are absent.
In view of mandate of law under section 143(3) of the Negotiable
Instrument Act, setting aside the order of no cross taking recourse to
section 311 of Code of Criminal Procedure would amount illegal and
irrational. It will cause injustice to the complainant. Indirectly it will
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Order Below Exh. 42
amount to help the accused to drag the proceeding years together.
Therefore, I do not found any legal substance and merits in the
application. Exercise of discretionary powers under section 311 of
Code of Criminal Procedure are unwarranted much less it appears
necessary for the just decision of the case. Hence, I pass following
order.
ORDER
1. Application stands rejected.
2. Complainant to take necessary steps to proceed further with
the matter.
3. Order dictated and pronounced in open court.
Mumbai, (M. P. Saraf)
Dated : 26.03.2025. Judicial Magistrate(First Class),
58th Court, Bandra, Mumbai.
J.O.Code-MH01362
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Order Below Exh. 42
CERTIFICATE
I affirm that the contents of this P.D.F. file Order are same, word to word as per the
original Order.
Name of Stenographer : Mrs. Aditi Ravikiran Dalvi
Court : Judicial Magistrate(First Class), 58th Court, Bandra,
Mumbai.
Dictated in open court on : 26.03.2025.
Transcribed and Typed on : 26.03.2025.
Order printed and Signed on : 26.03.2025.
Order Uploaded on : 26.03.2025.
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