Order 1

Order Details: Order
Pdf Text: 1 C. C. NO. 264/SS/2018
ORDER BELOW EXHIBIT NO. 45
The accused has forwarded present application with a prayer to allow
him to lead defence evidence.
2. It is submitted by the accused that he wants to lead defence evidence.
He submitted that he is ready to lead the defence evidence. However, his
evidence is closed. Therefore, he prayed to allow the application and allow
him to lead the defence evidence.
3. The complainant has filed his say below Exh. 46 and submitted that
the accused remainS absent and did not lead defence evidence and therefore
defence evidence came to be closed. The present application is filed to delay
the proceeding. Accused is absent. The reason mentioned in the application
is not just and proper to allow the application. Hence, prayed to reject the
application.
4. Heard. Perused the application and say.
5. The present complaint is filed U/s. 138 of Negotiable Instruments Act.
By way of present application, the accused prayed to allow him to lead
defence evidence. I have perused the record and it seems that on
27/03/2026, this court has closed the defence evidence of the accused. It
seems from the record that the accused has examined one witness on his
behalf and now he wants to examine himself. In the statement of the
accused recorded U/s. 313 of Code of criminal procedure, accused submitted
that he wants to examine himself. Admittedly, the accused has a right to
lead his evidence in his defence.
6. In the case in hand also, the accused has a right to lead evidence in his
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2 C. C. NO. 264/SS/2018
defence but the defence evidence was closed as accused did not lead further
evidence. Now, accused wants to examine himself in his defence. The
complainant has an opportunity to cross-examine him and therefore no
prejudice would cause to complainant. Considering the delay caused by the
accused, some cost is required to be imposed on him while allowing the
application. Hence, I pass following order:-
ORDER
1. Application is allowed subject to cost of Rs. 2000/-.
2. Accused should lead evidence on next date by paying the above
mentioned cost to the complainant.
3. If the accused failed to deposit the cost on next date and failed
to examine himself on next date then matter will be posted
for final argument.
Date : 07/07/2026
Sd/-
(Y. P. Pujari)
Judicial Magistrate (First class)
48th Court, Andheri, Mumbai.
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