Order 2

Order Details: Order Below EX 1
Pdf Text: MHMM180041662018 Summons Cases SS/109/2018
Shri. Hemant Nilkanth Apte Vs. Shree Vinayak
Forex Pvt. Ltd
IN THE COURT OF JUDICIAL MAGISTRATE (FIRST CLASS),
58TH COURT, BANDRA, MUMBAI
ORDER BELOW APPLICATION EXH.41
This is an application for recalling defence witness filed on
behalf of accused in their absence.
2. It is contended on behalf of accused, it is necessary to recall the
witness for just decision of the case.
3. Application is strongly objected by the complainant vide reply
Exh.43.
4. Heard advocate Harikesh Sharma for accused. Perused written
notes of arguments Exh.44. Heard advocate Veertej Patil for complainant.
5. Perused entire proceeding. The record speaks for the dilatory
tactics played on behalf of accused. Right of accused to conduct cross
examination of PW-01 came to be closed on 26.03.2025 vide speaking order.
Thereafter, complainant closed his evidence vide pursis Exh.38. Matter was
for recording statement of the accused under section 313 of Code of Criminal
Procedure. Statement of accused came to be dispensed with vide order
below Exh.39 on 20.06.2025. Record shows that accused is prolonging the
trial for no reason. He was given an opportunity to conduct cross
examination by recalling PW-01 vide order dated 09.01.2020 which he or his
advocate has failed to exercise. The same is resulted into closing further
rights of the accused.
6. So far as present application is concerned, there is no specific
reason which precluded the advocate for accused to exercise the right of cross
examination as well as leading defence evidence at proper stage of the trial.
7. Section 311 of Code of Criminal Procedure is not meant to
reopen the trial for filling up lacunas or clear the negligent conduct. In view
of section 143(3) of the Negotiable Instrument Act, the complainant has right
of speedy trial. Till date, more than sufficient opportunity granted to the
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2 Summons Cases SS/109/2018
Order Below Exh.41
accused to exercise his right of defence. Hence, no legal substance found in
application. If application is allowed, the trial will never end ultimately
causing injustice to the complainant. Today, also accused and his witness are
absent. Hence, I pass following order.
ORDER
1. Application is rejected.
2. Matter be posted for filing written notes of arguments by the
parties on next date.
3. Order dictated and pronounced in open court.
4. Order be uploaded on Court Web Portal.
( M. P. Saraf )
Judicial Magistrate (First Class),
Date : 01.12.2025 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 : 01.12.2025.
Transcribed and Typed on : 01.12.2025.
Order printed and Signed on : 01.12.2025.
Order Uploaded on : 02.12.2025.
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