Interim Order 1

Order Details: Order Below EX 1
Pdf Text: MHMM180082882019
Summons Cases SS/5801204/2019
Wakil Ahmed Vs. Khaja Mohammed Jainuddin
Shaikh
IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS,
58TH COURT, BANDRA, MUMBAI
ORDER BELOW EXH.01
1. Complainant present. Heard complainant.
2. Accused absconded and absent since last so many
dates. Perused proceeding. Plea of accused was recorded on
16.06.2021 by my Ld. Predecessor. Complainant filed his evidence
affidavit on 12.10.2021. Till 22.05.2024 the accused and his
advocate have not exercised their right of cross examination and
as such on 22.05.2024 ‘No Cross’ order came to be passed against
the accused. Further, Non Bailable Warrant was also issued against
the accused but presence of accused could not be secured. Later
on on 20.07.2024 the statement of accused to be recorded under
section 313 of Code of Criminal Procedure was dispensed with
looking into mandate of law to finalize the trial within six months
from the date of hearing.
3. It is evident from the record and proceeding that
accused has no defence at all as such he has not exercised the
right of cross examination. Further, it discloses that accused had
played delay tactics to keep the matter lingering since year 2019.
Proceeding shows that accused is released on cash bail of
Rs.7,000/-. However by remaining absent intentionally he has
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2 Summons Cases SS/5801204/2019
Order below Exh.01
jumped the bail conditions. In the facts and circumstances I am
compelled to pass following order.
ORDER
1. The cash bail amount of Rs.7,000/- deposited by the
accused stands forfeited and be credited to the Government.
2. The matter be posted for final argument by the
complainant.
3. Order be displayed on CIS for the knowledge of the
accused.
4. Order dictated and pronounced in open court.
( M. P. Saraf )
Judicial Magistrate First Class,
Date : 31.08.2024 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 : 31.08.2024.
Transcribed and Typed on : 31.08.2024.
Order printed and Signed on : 31.08.2024.
Order Uploaded on : 31.08.2024.
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