Full Order Text
Order 1 · 22 Jan 2025 · CNR MHMM180010852022
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. -- 1 of 3 -- 2 Summary Cases/5800139/2022 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 -- 2 of 3 -- 3 Summary Cases/5800139/2022 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. -- 3 of 3 --