Order 3

Order Details: Order Below EX 1
Pdf Text: MHMM180055832018 Summons Cases SS/539/2018
Lata Gopaldas Nasta Vs. Anil T.Kursija
IN THE COURT OF JUDICIAL MAGISTRATE(FIRST CLASS),
58TH COURT, BANDRA, MUMBAI
ORDER BELOW APPLICATION EXH.45
This is an application of recalling complainant who is
examined as PW-01 under section 311 of Code of Criminal Procedure,
on the ground of lack of proper representation by earlier advocate in
conducting cross examination of complainant.
2. Application is objected by the complainant vide reply Exh.46.
3. Heard advocate Prasad Rane for the accused and advocate
Rupali Jadhav for the complainant.
4. On going through application, it apprises that advocate for
the accused want to recall PW-01 for questioning transaction pertaining
to year 2013 to 2018 and calling complainant to produce relevant
documents.
5. The powers conferred upon this court under section 311 of
Code of Criminal Procedure are to be used very cautiously and
carefully being discretionary in nature. The same can not be utilized
for filling up the lacunas. It is not that accused was not granted full
opportunity to cross examine the complainant. Alleged mistake or
failure of earlier advocate can not be the ground to seek remedy under
section 311 of Code of Criminal Procedure as of right. Complainant has
a right of speedy trial. CW-02 is also examined by complainant
subsequent to PW-01. In view of mandate under section 143(3) of the
Negotiable Instrument Act, no legal substance found to exercise the
discretion vested in the court which contemplates summoning witness
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2 Summons Cases SS/539/2018
Order Below Exh.45
at any stage of the trial when legal necessity arises. Hence, I pass
following order.
ORDER
1. Application stands rejected.
2. Matter be posted for recording statement of accused under
section 313 of Code of Criminal Procedure.
3. Order dictated and pronounced in open court.
4. Order be uploaded on Court Web Portal.
Mumbai, (M. P. Saraf)
Dated : 16.10.2025. 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 : 16.10.2025.
Transcribed and Typed on : 16.10.2025.
Order printed and Signed on : 16.10.2025.
Order Uploaded on : 16.10.2025.
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