Full Order Text
Order 1 · 03 Jul 2023 · CNR MHMM180058032018
Order Details: Order Below EX 1 Pdf Text: C. C. No.642/SS/2018 Exh.18 MHMM180058032018 C. No.642/SS/2018 Saifuddin Yasin Shaikh Vs. Khan Mohammed Adeeb Jamaluddin IN THE COURT OF THE METROPOLITAN MAGISTRATE, 58TH COURT, BANDRA, MUMBAI ORDER BELOW EXH.18 1. The complainant and his advocate present. The accused and his advocate absent when called out repeatedly. Heard, advocate Sachin Pande for the complainant. 2. The complainant submitted that accused is remaining absent deliberately to protract the trial. He submitted to pass no cross order against the accused. 3. Perused record and proceeding. The complainant is senior citizen. He has filed evidence affidavit Exh.18 on 01.08.2019. The record shows that accused got cancelled the warrant issued against him in the year 2022. His plea is recorded on 18.01.2022. He was supposed to take cross examination of the complainant on the date of his appearance in the proceeding or at the most on later dates. Therefore, looking into conduct of the accused, there is reason to believe the contention of the complainant. The accused seems to have taken disadvantage of giving liberty to cross examine the complainant and misused the same. Hence, I pass following order. ORDER 1. No cross examination of PW01 by the accused. -- 1 of 2 -- C. C. No.642/SS/2018 Exh.18 2. The complainant to lead further oral evidence if any on next date i.e. 29.08.2023, till then the application for issuing non bailable warrant against the accused be kept in abeyance. 3. Order dictated and pronounced in open order. Mumbai, (M.P.Saraf) Dated : 03.07.2023. Metropolitan Magistrate, 58th Court, Bandra, Mumbai. J.O.CodeMH01362 -- 2 of 2 --