Interim Order 1

Order Details: Order Below EX 1
Pdf Text: MHMM180064962018
Summons Cases SS/1030/2018
M/s. Mattel Toys India Pvt. Ltd. Vs. Mr. Vishal Goyal
IN THE COURT OF JUDICIAL MAGISTRATE (FIRST CLASS),
58TH COURT, BANDRA, MUMBAI
ORDER BELOW EXH.01
Heard advocate for complainant. Accused and their advocate
absent.
2. Perused proceeding. Evidence of PW-01 was over on 19.03.2019.
Complainant adduced further evidence of Mr. Manoj Kumar by filing
additional evidence affidavit dated 24.04.2019. Accordingly, the
document produced by the complainant such as original Distribution
Agreement, Appointment Letter and updated Ledger Account are taken
on record. Since then matter is pending for cross examination of PW-
01 on his additional affidavit of evidence which was allowed vide order
dated 02.12.2021.
3. Record shows that neither accused is remaining present nor his
advocate. Already Non Bailable Warrant is issued against accused vide
order dated 02.09.2024. Application Exh.20 moved by the complainant
for passing No Cross order was kept pending with a view that accused
or his advocate will get a chance of fair trial. There is reason to believe
that accused and his advocate are not intending to exercise their right
of cross examination on further additional evidence of PW-01. Matter is
more than five years old. Accused protracting the litigation.
Complainant do not intend to lead any further evidence. Hence, I pass
following order.
ORDER
1) The right of accused to further cross examine the
complainant PW-01 stands closed.
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2 Summons Cases SS/1030/2018
Order below Exh.01
2) The Bail Bonds of the accused stands forfeited and the
amount of cash bail if any deposited by the accused be
credited to the Government Account.
3) Complainant’s evidence stands closed.
4) The statement of accused to be recorded under section
313 of Code of Criminal Procedure stands dispensed
with.
5) Evidence of accused stands closed.
6) Issue fresh NBW against accused for securing his
presence.
7) Matter be posted for final arguments on next date.
8) Order dictated and pronounced in open court.
( M. P. Saraf )
Judicial Magistrate (First Class),
Date : 02.04.2025 58th Court, Bandra, Mumbai.
J.O.Code: MH01362
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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 : Judicial Magistrate(First Class), 58th Court, Bandra,
Mumbai.
Dictated in open court on : 02.04.2025.
Transcribed and Typed on : 02.04.2025.
Order printed and Signed on : 02.04.2025.
Order Uploaded on : 02.04.2025.
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