Full Order Text
Order 1 · 23 Jun 2023 · CNR MHMM180022772021
Order Details: Order Below EX 1 Pdf Text: 1 C.C.NO.225/SS/2021 Exh.39 MHMM180022772021 C. C. No.225/SS/2021 MANJEET TRILOK SINGH ANAND Vs. BORIS WALTER BUTHELLO IN THE COURT OF THE METROPOLITAN MAGISTRATE, 58TH COURT, BANDRA, MUMBAI ORDER BELOW APPLICATION EXH.39 1. This is an application for adjournment on the medical ground filed by the complainant. The Ld. Advocate for the accused has no objection to grant adjournment. 2. Heard Advocate Durgaprasad Halwai for the complainant and Advocate D.N.Galani for the accused. 3. On hearing both sides, it appears that the accused was ready to pay the cheque amount since first day of his appearance in the matter as per summons issued to him. Proceeding shows traveling of the proceeding upto Hon'ble Sessions Court. Hon'ble Sessions Court has left the decision on the trial court as to whether to consider or not the application of accused in respect of paying the cheque amount. Ld. Advocate for the complainant submitted that they are challenging the order of Hon'ble Sessions court before Hon'ble High Court. In the facts and circumstances, looking into willingness of the accused since first day of case to pay the cheque amount, I do not find in legal substance and merit in the contention of the complainant. The medical papers attached with the -- 1 of 2 -- 2 C.C.NO.225/SS/2021 Exh.39 application shows that the recovery period advised by the doctor is at the verge of end of the period. In the facts and circumstances, I pass following order. ORDER 1. Adjournment granted till next date with directions to either argue the application filed by the accused positively on next date or withdraw the case by accepting the cheque amount. 2. Order dictated and pronounced in open court. Mumbai, (M.P.Saraf) Dated : 23.06.2023. Metropolitan Magistrate, 58th Court, Bandra, Mumbai. J.O.CodeMH01362 -- 2 of 2 --