Order 5

Order Details: Order Below EX 1
Pdf Text: MHMM180007312020 Summons Cases SS/5800047/2020
FSD Building Materials private Limited Vs. Swapnil
Sanjay Patil
IN THE COURT OF JUDICIAL MAGISTRATE(FIRST CLASS),
58TH COURT, BANDRA, MUMBAI
ORDER BELOW APPLICATION EXH.46
This is an application for setting aside order dated 25.08.2025
closing right of defence to lead evidence.
2. Heard advocate Mr. Gulab Vishwakarma for the accused and
advocate Mr. Rahul Pokarne for the complainant at length.
3. Putting defence by the accused is guaranteed by the Constitution
of India under Article 21 as a fundamental right. However, said right
needs to be exercised with due diligence and within statutory
parameter. It is not that the accused was not given opportunity of fair
trial. Despite availing more than sufficient opportunity, accused has
deliberately protracted the litigation. Order of closing defence evidence
came to be passed because of absence of accused. For a chance of fair
trial, accused needs to be given an opportunity to lead evidence. At the
same time the statutory parameters under section 143(3) of the
Negotiable Instrument Act need to be adhered. Therefore, I deem fit to
grant one more last opportunity with certain conditions to the accused
for putting his defence in the interest of justice. Accordingly, I pass
following order.
ORDER
1. Application is allowed subject to cost of Rs.2,000/- to be paid
to complainant.
2. Cost is condition precedent.
3. Order be uploaded on Court Web Portal.
Mumbai, (M. P. Saraf)
Dated : 02.01.2026. Judicial Magistrate First Class,
58th Court, Bandra, Mumbai.
J.O.Code-MH01362
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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 : 02.01.2026.
Transcribed and Typed on : 02.01.2026.
Order printed and Signed on : 02.01.2026.
Order Uploaded on : 02.01.2026.
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