Order 2

Order Details: Order Below EX 1
Pdf Text: MHMM180045122018 Summons Cases SS/808/2018
SUNITA JAIN Vs. DILIP KARIA
IN THE COURT OF JUDICIAL MAGISTRATE(FIRST CLASS),
58TH COURT, BANDRA, MUMBAI
ORDER BELOW APPLICATION EXH.39
Present application is for recalling CW-01 on the ground that
earlier advocate representing accused has not put certain questions in
cross examination.
2. Complainant failed to file reply despite giving more than
sufficient opportunity.
3. Heard advocate Riddhi Gadda for the accused.
4. Perused cross examination of CW-01 conducted by earlier
advocate. Earlier advocate has exercised the right of cross examination
thoroughly with exhaustive cross examination in the year 2023.
5. Advocate for accused appeared on 10.10.2025 and moved
present application. Considering the span of more than one and half
years in between date of recording evidence of CW-01 and present
application, there is reason to believe that application is moved only to
protract the litigation.
6. Provision under section 311 of Code of Criminal Procedure
though empowers the court to summon any witness at any stage, the
same is not meant for filling up lacunas. Mistake on the part of earlier
advocate or hurried conduct of cross examination can not be the
ground for re-opening evidence once recorded with full opportunity.
The reason stated in application seems pertaining to factual aspect of
making payment or not receiving payment etc. In the trial under
section 138 of the Negotiable Instrument Act, the reverse burden
theory plays important role. The accused can lead evidence on those
-- 1 of 2 --
2 Summons Cases SS/808/2018
Order Below Exh.39
factual aspects. Therefore, no legal necessity warranted for invoking
the jurisdiction of this court under section 311 of Code of Criminal
Procedure. Considering right of speedy trial under section 143(3) of
the Negotiable Instrument Act, application being de void of merits, I
pass following order.
ORDER
1. Application is rejected.
2. Complainant to keep her further witnesses, if any present on
next date for cross examination by the accused, failing which
evidence would stands closed.
3. Order dictated and pronounced in open court.
4. Order be uploaded on Court Web Portal.
Mumbai, (M. P. Saraf)
Dated : 04.12.2025. Judicial Magistrate(First Class),
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 : 04.12.2025.
Transcribed and Typed on : 04.12.2025.
Order printed and Signed on : 04.12.2025.
Order Uploaded on : 04.12.2025.
-- 2 of 2 --