Final Order 2

Order Details: Order Below EX 1
Pdf Text: C.C.NO.1109/SS/2018
Order below Exh.01
MHMM180064212018
C.C.NO.1109/SS/2018
Umesh Mohanlal Gohil Vs. M/s. Jay
Enterpirses.
IN THE COURT OF METROPOLITAN MAGISTRATE, 58TH COURT, BANDRA,
MUMBAI
ORDER BELOW EXH.01
The complainant and advocate absent. Advocate for the accused
present. Perused proceeding. The complainant failed to remain present for
facing cross examination. The matter is old one. The complainant seems not
really interested in proceeding with the complaint. The complainant has filed
application for withdrawal of complaint at Exh.30 on 18.07.2019. Even
thereafter complaintant was granted opportunity to appear and lead evidence
till date but he failed to do so.
2. Section 256(1) of Cr.P.C. empowers the Magistrate to acquit the
accused in absence of complainant on the date of hearing. The complainant
failed to lead evidence. In the facts and circumstances, keeping the complaint
of more than 5 years old pending as it is, not justified. It is not that the
principles of natural justice are not followed. It is not that the opportunity
was not given to the complainant to lead evidence. The accused have also
right of speedy trial. Hence, I pass following order.
O R D E R
1) The complaint stands dismissed.
2) Accused are acquitted of the offence punishable under
section 138 of Negotiable Instrument Act.
3) Bail bonds of accused are cancelled.
4) Order dictated and pronounced in open court.
( M. P. Saraf )
Metropolitan Magistrate,
Date : 25.08.2023 58th Court, Bandra, Mumbai.
J.O.Code: MH01362
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2 C.C.NO.1109/SS/2018
Order below Exh.01
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 : Metropolitan Magistrate, 58th Court, Bandra,
Mumbai.
Dictated in open court on : 25.08.2023.
Transcribed and Typed on : 25.08.2023.
Order printed and Signed on : 25.08.2023.
Order Uploaded on : 25.08.2023.
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