Interim Order 3

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF THE JUDICIAL MAGISTRATE (FIRST CLASS),
58th COURT, BANDRA, MUMBAI.
C.C. No. 1122 /SS/ 2018
(CNR No.MHMM18-006617-2018)
Riyaz Hamid Khan ...Complainant.
V/s.
Superb International Apparels Ltd., and Ors., ...Accused.
ORDER ON EXH.1
This is an application filed by the accused for adjournment.
As per the contention of the accused, due to the personal difficulty of
the accused and engagement of his learned counsel in the Hon’ble
High Court, he is unable to conduct the cross-examination of the
complainant.
2. The complainant strongly objected the application.
3. Heard both sides. Gone through the record. The plea is
recorded on 17/02/2020. The partial cross-examination was
conducted on 20/10/2025. Thereafter, on 29/10/2025, the order of
further no cross was passed. Thereafter, the accused has moved
application for setting aside the said order. That application was
allowed by Ld. Predecessor of this Court. Thereafter, on 12/01/2026
the accused has moved adjournment application and this is the
subsequent adjournment application filed by the accused. Meanwhile,
there was no application of adjournment by either side.
4. The matter is of the year 2018. the plea is recorded almost 6
years ago. Thereafter, several opportunities were given to the
accused. The orders passed in the proceeding, the adjournment
sought and absence of the accused go to show that he is trying to
prolong the proceeding. Despite all this, considering the principle of
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natural justice and fair trial, one last opportunity needs to be granted.
At the same time, the delay caused for trial cannot be overlooked.
Such delay can be compensated to the complainant in terms of
money. Thus, I proceed to pass the following order:
ORDER
1 The application is allowed subject to cost of Rs.1,000/- payable
to the complainant on or before next date without fail.
2 Upon failure to pay the cost amount as directed above within
stipulated period, the necessary order will pass against the
accused. Parties to take note.
Sd/-
(B.S. Sankpal)
Judicial Magistrate (First Class),
Date : 25.08.2026 58th Court, Bandra, Mumbai.
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