Interim Order 1

Order Details: Order Below EX 1
Pdf Text: MHMM180010852022
Summary Cases/5800139/2022
SUNIL JAMNADAS HUF Vs. M/S TAPASYA
ENGINEERING WORKS PVT. LTD.
IN THE COURT OF JUDICIAL MAGISTRATE(FIRST CLASS), 58TH COURT,
BANDRA, MUMBAI
ORDER BELOW APPLICATION EXH.35
1. This is an application for dispensing the statement of the
accused to be recorded under section 313 of Code of Criminal Procedure,
filed on behalf of the complainant.
2. Heard advocate for complainant. Accused and their advocate
absent since so many dates.
3. Perused proceeding. The accused have failed to exercise
their right of cross examination. Accordingly, right of the accused was
closed vide order dated 25.04.2024. Complainant closed evidence vide
pursis dated 25.04.2024. Thereafter, advocate Hrishikesh Rajeshirke for
the accused moved an application to set aside ‘no cross’ order dated
25.06.2024. On next date, accused and their advocate both remained
absent and as such application came to be rejected. Since thereafter
neither accused nor their advocate remained present.
4. In view of section 143(3) of the Act, the trial will have to be
concluded within 6 months or as early as possible. The statutory right is
given in favour of the complainant. There is reason to believe that either
the accused has no defence to contest the complaint or the accused may
be interested in protracting the litigation. No purpose will be served by
keeping the matter again at a stage for recording the statement of accused
under section 313 of Code of Criminal Procedure. The accused has jumped
the bail conditions. Hence, I pass following order.
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Order Below Exh.35
ORDER
1. The statement of accused No.1 and 2 to be recorded under
Section 313 of Code of Criminal Procedure stands dispensed
with.
2. The Cash Bail amount of the accused stands forfeited and be
credited to the Government account.
3. Issue NBW against accused No.2 and 3 for securing their
presence for arguments and Judgment.
4. Matter adjourned for hearing final arguments of the parties till
next date.
5. Order be uploaded on CIS for the knowledge of the accused
persons.
6. Order dictated and pronounced in open court.
Mumbai, (M. P. Saraf)
Dated : 22.01.2025. Judicial Magistrate, First Class,
58th Court, Bandra, Mumbai.
J.O.Code-MH01362
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Order Below Exh.35
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 : 22.01.2025.
Transcribed and Typed on : 22.01.2025.
Order printed and Signed on : 22.01.2025.
Order Uploaded on : 22.01.2025.
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