Order 1

Order Details: Order Below EX 1
Pdf Text: MHMM180041942021
Summons Cases SS/5800466/2021
M/S MEHUL FASHION Vs. M/S JAHANPANAH
CLOTHING PVT LTD
IN THE COURT OF JUDICIAL MAGISTRATE(FIRST CLASS),
58TH COURT, BANDRA, MUMBAI
ORDER BELOW EXH.01 R/W. EXH.98
Read the application moved for dispensing with the
statement of accused to be recorded under section 313 of Code of
Criminal Procedure. Heard Advocate Mr. Mirchandani for complainant.
Accused and their advocate on record absent since last two three dates.
2. Perused proceeding. The accused have failed to exercise their
right of cross examination despite giving sufficient opportunity. The
application moved on behalf of accused for recalling witness Exh.97
was rejected on 18.10.2024. Since then the matter is pending. Present
application Exh.98 was moved on 24.02.2025. Considering long
standing absence of accused and their advocate, instead of passing
order on same day, the application was kept for order today in order to
get an opportunity to the accused to remain present and put up their
defence if any. The record and proceeding indicates the conduct of the
accused and their advocate to prolong the trial.
3. The accused are released on cash bail of Rs.10,000/- each.
There is reason to believe that accused have no legal defence to contest
the matter. The same is kept lingering moving application by advocate
in their absence. Today also accused and their advocate are absent.
Hence, this court is constrained to pass following order looking into the
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2 Summons Cases SS/5800466/2021
Order below Exh.01 R/w. Exh.98
mandate of law under section 143(3) of the Negotiable Instrument Act.
ORDER
1. The Bail Bonds of the accused No.2 and 3 stands forfeited.
2. The amount of cash bail deposited by accused No.2 and 3 be
credited to the Government Account.
3. Issue NBW against against accused No.2 and 3 for securing
their presence.
4. The statement of accused to be recorded under section 313 of
Code of Criminal Procedure stands dispensed with.
5. Matter be posted for final arguments and Judgment on next
date.
6. Order be uploaded on Court Web Portal.
7. Order dictated and pronounced in open court.
Mumbai, (M. P. Saraf)
Dated : 19.03.2025. Judicial Magistrate(First Class),
58th Court, Bandra, Mumbai.
J.O.Code-MH01362
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Order below Exh.01 R/w. Exh.98
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 : 19.03.2025.
Transcribed and Typed on : 19.03.2025.
Order printed and Signed on : 19.03.2025.
Order Uploaded on : 19.03.2025.
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