Interim Order 2

Order Details: Order Below EX 1
Pdf Text: MHMM180022772021
Summons Cases SS/5800225/2021
MANJEET TRILOK SINGH ANAND Vs. BORIS
WALTER BUTHELLO
IN THE COURT OF METROPOLITAN MAGISTRATE, 58TH COURT, BANDRA,
MUMBAI
ORDER BELOW APPLICATION EXH.43
1. This is an application for adjournment filed on behalf of
complainant on the ground that he has challenged the order passed by
Hon’ble Sessions Court in Criminal Revision Application No.401/2021 came
to be passed on 27.09.2022.
2. Accused objected the application and contended that complainant
is unnecessarily playing delay tactics.
3. Heard complainant in person and Advocate D.M.Galani for the
accused.
4. After perusal of the proceeding, it reveals that complainant has
challanged said order dated 27.09.2022 before Hon’ble High Court and
matter is subjudiced. In fact there no stay for the trial court’s proceeding by
the Hon’ble High Court.
5. If the order of Hon’ble Sessions Court dated 27.09.2022 is taken
into consideration, the impugned order passed by my Ld. Predecessor on
14.09.2021 is set aside and the matter is remanded back for fresh decision on
the application Exh.24 expediciously in the light of guidelines and directions
of the Hon’ble High Court in the case of
Damodar Prabhu.
6. In the scenario, as on date the order of Hon’ble Sessions Court will
prevail and would be binding upon this court in absence of any stay granted
by the Hon’ble High Court. The order of Hon’ble Sessions court which is
challenged before the High Court is dated 27.09.2022. More than sufficient
period and opportunity is granted to the complainant to obtaine appropriate
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2 Summons Cases SS/5800225/2021
Order Below Application Exh.43
relief from the Hon’ble Apex Court. The accused who is ready to pay the
cheque amount is also having right of speady trial. Needless to state that
guidelines of Hon’ble Supreme Court in the case of
Damodar S. Prabhu will
be binding on the complainant as well as all litigations in the case wherein on
first date of appearance after receiving summons, if the accused pays the
cheque amount as per the summons issued under section 138 of Negotiable
Instrument Act. Therefore, there is reason to believe that complainant is
unnecessarily prolonging the hearing of the case. However, one last
opportunity needs to be granted to the complainant so that the Writ Petition
would not become infructious. Hence, I pass following order.
O R D E R
1) Adjournment application of complainant is granted as last chance.
2) No adjournment will be granted on next date on any ground.
3) The complainant to take note that failure to argue the application
Exh.24 on next date will result into passing appropriate order
hearing other side thereon.
4) Matter adjourned till 14.05.2024.
5) Order dictated and pronounced in open court.
( M. P. Saraf )
Metropolitan Magistrate,
Date : 26.04.2024 58th Court, Bandra, Mumbai.
J.O.Code: MH01362
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3 Summons Cases SS/5800225/2021
Order Below Application Exh.43
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 : Metropolitan Magistrate, 58th Court, Bandra,
Mumbai.
Dictated in open court on : 26.04.2024.
Transcribed and Typed on : 26.04.2024.
Order printed and Signed on : 26.04.2024.
Order Uploaded on : 26.04.2024.
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