Order 3

Order Details: Order Below EX 1
Pdf Text: MHMM180073702018 Summons Cases SS/1165/2018
ARMUGAM M GAUNDER Vs. NARENDRA SINGH THAKUR
IN THE COURT OF JUDICIAL MAGISTRATE(FIRST CLASS),
58TH COURT, BANDRA, MUMBAI
ORDER BELOW APPLICATION EXH.31
This is an application for recalling the witness that is
complainant filed under section 311 of Code of Criminal Procedure, by
the accused.
2. Heard advocate Mr. Milind Gaware for the accused and advocate
Mr. Ratneshwar Zha for the complainant at length.
3. Putting defence by the accused is guaranteed by the Constitution
of India under Article 21 as a fundamental right. However, said right
needs to be exercised with due diligence and within statutory
parameter. It is not that the accused was not given opportunity of fair
trial. Despite availing more than sufficient opportunity, accused has
deliberately protracted the litigation. The no cross order came to be
passed on refusal of earlier advocate of the accused to conduct cross
examination. In the scenario, accused should not suffer for the mistake
committed by the earlier advocate and at the same time the statutory
parameters under section 143(3) of the Negotiable Instrument Act need
to be adhered. Therefore, I deem fit to grant one more last opportunity
with certain conditions to the accused for putting his defence in the
interest of justice. Accordingly, I pass following order.
ORDER
1. Application is allowed subject to cost of Rs.5,000/- to be paid
to complainant and with condition to finish entire cross
examination on the same day.
2. Cost is condition precedent.
-- 1 of 2 --
2 Summons Cases SS/1165/2018
Order Below Exh.31
3. No adjournment would be granted on any ground including
not receiving material instructions or documents.
4. Order dictated and pronounced in open court.
5. Order be uploaded on Court Web Portal.
Mumbai, (M. P. Saraf)
Dated : 31.12.2025. 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 : 31.12.2025.
Transcribed and Typed on : 31.12.2025.
Order printed and Signed on : 31.12.2025.
Order Uploaded on : 31.12.2025.
-- 2 of 2 --