Order 2

Order Details: Order Below EX 1
Pdf Text: MHMM180054792018
Summons Cases SS/1005/2018
RUCHITA RAJENDRA KULPE Vs. VIPIN VILAS SHIDRUK
IN THE COURT OF JUDICIAL MAGISTRATE(FIRST CLASS),
58TH COURT, BANDRA, MUMBAI
ORDER BELOW APPLICATION EXH.46
This is an application for recalling of PW-01 moved under
section 311 of Code of Criminal Procedure by the accused on the
ground that inadvertently some questions are remained to be asked in
cross examination of PW-01.
2. Advocate for complainant objected the application vide
detailed reply Exh.47.
3. Heard both sides.
4. According to the accused, he had paid Rs.13 lakhs out of
cheque amount of Rs.18 lakhs to the complainant. In that regard on the
point of existence of legal liability, he want to further cross examine the
complainant. Application is moved at a stage of recording statement of
accused under section 313 of Code of Criminal Procedure.
5. It is not in dispute that parties have entered in initial phase
of settlement of transaction. Therefore, even though the evidence of
complainant is over, considering the non settlement of the matter
accused needs to be granted an opportunity to put his defence in
entirety. The evidence appears material for the just decision of the case
on the point of existence of legal liability and further maintainability of
the complainant. No prejudice will be caused to the complainant if
complainant is awarded cost for the delay conduct of the accused.
Hence, I pass following order.
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2 Summons Cases SS/1005/2018
Order Below Exh.46
ORDER
1. Application is allowed subject to cost of Rs.5000/- to be paid
to the complainant.
2. Cost is condition precedent to exercise the right.
3. Order dictated and pronounced in open court.
Mumbai, (M. P. Saraf)
Dated : 11.06.2025. Judicial Magistrate(First Class),
58th Court, Bandra, Mumbai.
J.O.Code-MH01362
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3 Summons Cases SS/1005/2018
Order Below Exh.46
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 : 11.06.2025.
Transcribed and Typed on : 11.06.2025.
Order printed and Signed on : 11.06.2025.
Order Uploaded on : 11.06.2025.
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