Final Order 4

Order Details: Order Below EX 1
Pdf Text: MHMM180025682018
Summons Cases SS/72/2018
WAKIL AHMED KHALIL AHMED Vs. AKBAR
SHAIKH
IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS, 58TH
COURT, BANDRA, MUMBAI
ORDER BELOW APPLICATON EXH.44
1. This is an application for adjournment moved at a
stage of delivering final Judgment by the advocate on behalf of
the accused.
2. Heard advocate Mr. K.C. Tiwari for the accused who
never turned up before the court after closing evidence of the
complainant on 07.07.2023. Proceeding shows that more than
sufficient opportunity is given to the accused for putting defence
time to time. Accused misused the liberty granted by law. Already
warrant is pending against the accused. Complainant has
submitted his written notes of arguments on 03.06.2024. Neither
it’s copy is received by advocate for the accused nor he advanced
the arguments. The record shows that accused was produced
initially in execution of warrant issued against him. Thereafter,
again he failed to conduct cross examination. Again he was given
opportunity to conduct cross examination by recalling witness. In
such fashion the proceeding is traveled years together. From
record and proceeding and orders passed time to time, there is
reason to believe that accused has protracted the litigation for
want of no valid reason. The matter is of year 2018. Section
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2 Summons Cases SS/72/2018
Order Below Exh.44
143(3) of the Negotiable Instrument Act mandates to conclude the
trial within six months from the date of filing of the complaint.
Therefore looking into the mandate of law as well as post conduct
of the accused no purpose will serve by adjourning the matter and
keeping it lingering years together. It will cause injustice with the
complainant. Hence, I pass following order.
ORDER
1. Application is rejected.
2. Order dictated and pronounced in open court.
( M. P. Saraf )
Judicial Magistrate First Class,
Date : 26.09.2024 58th Court, Bandra, Mumbai.
J.O.Code: MH01362
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 : 26.09.2024.
Transcribed and Typed on : 26.09.2024.
Order printed and Signed on : 26.09.2024.
Order Uploaded on : 26.09.2024.
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