Interim Order 1

Order Details: Order
Pdf Text: 1 C. C. No.31/SS/2019
Exh.70
ORDER BELOW EXH.70
1. Read the application and say thereon. Heard both
sides. Perused record.
2. Perusal of record shows that on 25/07/2025 the
statement of accused under Section 313 of the Code of Criminal
Procedure came to be recorded and thereafter, the matter came to
be posted for defence evidence. However, as the accused had not
adduced his evidence in defence, as per order dated 23/02/2026
passed below application filed by complainant, defence evidence
came to be closed. However, by filing this application the accused
is contending that as the Court was vacant from January 2026 till
23/02/2026, he could not adduce his evidence.
3. However, considering the interest of justice and so as
to give an opportunity of fair trial to the accused, it would be just
and proper to allow the accused to adduce his evidence in defence,
by compensating the complainant to some extent. Considering this
aspect, following order is passed :
ORDER
1. Application is allowed subject to costs of Rs.2,000/-
(Rupees Two Thousand Only) to be paid to the
complainant.
2. Accused is permitted to adduce his defence evidence
with direction that he shall produce the same on next
date without failure by complying with cost condition.
Date : 20/03/2026
Sd/-
( D. P. Kasat)
Judicial Magistrate First Class,
63rd Court, Andheri, Mumbai
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