Order 9

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF THE JUDICIAL MAGISTRATE (FIRST CLASS)
58th COURT, BANDRA, MUMBAI
Case No.26/SC/2024
(CNR No.MHMM180010412024)
M/S Ishna Wheels Through Pawan Kumar
Upendra Jha
...Complainant.
V/s.
Naresh Ramesh ...Accused.
ORDER BELOW EXHIBIT-46
1. This is a consecutive application filed by the accused U/sec
311 of the code of Criminal Procedure for recalling of the
complainant to conduct his cross examination. It is the contention of
accused/applicant that on last date the advocate was absent, he could
not make submission and the cross examination was closed and the
case was kept for final arguments. As per his contention the accused
has good case on merit and the cross examination of the complainant
is necessary for the just decision of the case. No prejudice will cause
to the complainant, if the application is allowed.
2. The complainant strongly resist to the application. As per the
contention of the complainant earlier application was allowed subject
to cost of Rs.3000/-. However, the accused failed to complied the said
order. The court dispensed the statement U/sec 313 of the Code of
Criminal Procedure on 09.02.2026 and issued NBW despite several
opportunities the accused failed to conduct cross examination of the
complainant. When the matter is posted for arguments again the
application is filed with the same prayer. Hence, the complainant has
prayed to reject the application.
3. Heard both sides at length. Gone through the documents on
record.
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4. The record reflects that the accused had moved earlier at
Exh.30 the application for the recalling of witness which was filed on
02.04.2025. The same was allowed subject to cost of Rs.3000/-.
However, the accused neither paid the cost amount nor conduct the
cross examination of the complainant. He fail to avail the earlier
opportunity granted to him and again filed this application which
shows reluctant conduct of the accused towards the cross proceeding.
No doubt considering the principle of fair trial one last opportunity
needs to be given to the accused. However, the lethargic approach of
the accused can not be overlooked. Some cost also needs to be
imposed once again. Hence, in view of the above observation I
proceed to pass the following order.
Order
1. The application is allowed subject to cost of Rs.6000/- in addition
to the cost of Rs.3000/---
2. The accused/applicant shall pay the total cost of Rs.9000/- today
itself. Upon failure to pay cost as directed the application be
treated as rejected.
3. The witness that is the complainant be recalled for cross
examination only after payment of cost.
4. Parties to take note.
Sd/-
(B.S. Sankpal)
Judicial Magistrate (First Class)
Date : 10.09.2026 58th Court, Bandra, Mumbai.
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