Order 2

Order Details: Copy of Document.
Pdf Text: IN THE COURT OF THE JUDICIAL MAGISTRATE (FIRST CLASS),
58th COURT, BANDRA, MUMBAI.
C.C. No.3304/SS/2017
ORDER ON EXH.98
1. This is an adjournment application filed by accused
no.2,3,4 and 8 on the ground that their advocate is engaged in his
personal religious ceremony and therefore, would not attend the
court. The application is objected strongly by the complainant.
2. Heard advocate Shri A.S. Pawar on behalf of the accused
and learned advocate Shri Vyas for the complainant. Gone through
the record of the case. The case is of the year 2017. Learned
predecessor of this court while rejecting the application filed by
accused no.2 at Exh.91 directed the accused to remain present on
next date. He also observed that no adjournment to be granted on
next date on any ground. The said order was passed on 07/11/2025.
Despite the said order the accused remained absent and failed to take
positive steps to reach further progress of the proceeding.
3. Today, learned advocate of the accused sought
adjournment on his personal ground. The record further reflects that
several applications were filed by the accused no.2 i.e. for discharge,
stay of the proceeding which came to be rejected. The matter is more
than nine years old. It appears that accused no.2 is trying to prolong
the proceeding. Despite all these considering the personal reason of
the learned advocate and principle of natural justice one last
opportunity needs to be given. At the same time, considering the
-- 1 of 2 --
2
conduct of the accused, their long absence cost needs to be imposed.
Hence, the adjournment is granted subject to cost of Rs.2,000/-
payable to the complainant on or before next date without fail. Upon
failure to pay cost amount as directed above within the stipulated
period, necessary order will pass against the accused. Parties to take
note.
Sd/-
(B.S. Sankpal)
Judicial Magistrate (First Class),
Date : 03.09.2026 58th Court, Bandra, Mumbai.
-- 2 of 2 --