Order 1

Order Details: Order
Pdf Text: 1 C. C. No.942/SS/2018
Exh.78
ORDER BELOW EXH.78
Perused application and say filed by the complainant.
Heard both sides.
2. This is an application filed by accused under Section
311 of Cr. P.C. for recalling of witness. Complainant has no
objection for allowing the application subject to costs.
2. Perusal of roznama it appears that, since 29/09/2023
matter is pending for cross-examination of complainant and
accused has adjourned the cross-examination on last date. On
11/08/2025 when the case is fixed for cross-examination, accused
was absent and advocate for accused failed to conduct cross-
examination. Therefore, ‘no-cross’ order has been passed against
accused. Today, advocate for accused is ready to conduct cross-
examination of complainant. Hence, considering submission and
for fair trial, application deserves to be allowed. However, matter
is delayed due to the accused, therefore, some cost is necessary to
be saddled on him. In the result, I pass following order :
ORDER
1. Application is allowed subject to payment of costs of
Rs.1,000/- (Rupees One Thousand Only) to be paid to the
complainant.
2. Complainant be recalled for cross-examination on payment
of cost amount.
Date : 03/11/2025
Sd/-
( Shri. M. S. Budhwant )
Judicial Magistrate First Class,
63rd Court, Andheri, Mumbai
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