Order 6

Order Details: Order Below EX 1
Pdf Text: MHMM180035422022 Summary Cases/5800265/2022
MS. PRANALI DILIP MANJAREKAR Vs. SHRI.
DIPENDRA DINESH KANADE
IN THE COURT OF JUDICIAL MAGISTRATE (FIRST CLASS),
58TH COURT, BANDRA, MUMBAI
ORDER BELOW APPLICATION EXH.42
This is an application for dispensing statement of accused to be
recorded under section 313 of Code of Criminal Procedure, moved on
behalf of complainant.
2. Application is strongly objected by the advocate for accused, on
the ground of preferring Revision Application before Hon’ble Sessions
Court against impugned order of rejecting application moved by
accused under section 311 of Code of Criminal Procedure.
3. Heard both sides at length. Perused medical papers produced on
behalf of accused alongwith another application of exemption and
permanent exemption.
4. It is not in dispute that matter is sub-judice before Hon’ble
Sessions Court. However, there is no orders of stay of trial court
proceeding by the Hon’ble Sessions Court. Accused who himself is an
advocate has failed to conduct cross examination despite giving
sufficient opportunity. Rather to say, there is reason to believe by the
conduct of the accused who is himself an advocate that he has avoided
the legal remedies available in law and unnecessarily protracted the
litigation. In fact, complainant has a right of speedy trial. However, as
the matter is listed before Hon’ble Sessions Court on 16.01.2026 for
arguments and orders, considering the right guaranteed under
Constitution of India to defend the case, it will not be just and proper
to dispense with the statement of the accused considering provision
under section 143(3) of the Negotiable Instrument Act. Even though
there is no stay orders, in order to curtail multiplicity of the litigation,
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2 Summary Cases/5800265/2022
Order Below Exh.42
this court deem fit to grant one more opportunity to the accused by
keeping present application in abeyance till the next date. Hence, I pass
following order.
ORDER
1) Application is kept in abeyance till next date only.
2) Advocate for accused to take note that no adjournment would
be granted on next date on any ground unless trial is stayed
by the higher court.
3) Order dictated and pronounced in open court.
4) Order be uploaded on Court Web Portal as accused is absent.
( M. P. Saraf )
Judicial Magistrate (First Class),
Date : 05.01.2026 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 : 05.01.2026.
Transcribed and Typed on : 05.01.2026.
Order printed and Signed on : 05.01.2026.
Order Uploaded on : 05.01.2026.
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