Order 1

Order Details: Order
Pdf Text: 1 C. C. No.1515/SS/2018
Exh.156
ORDER BELOW EXH.156
1. This is an application filed by accused for setting aside ‘no-
cross’ order and recalling C.W.1.
2. Brief contentions in the application are as under:
Complainant has filed present complaint under Section 138
of N.I. Act. It is contended that evidence affidavit of complainant was
filed. It is submitted that required information and documents were not
received from accused therefore he has not conducted cross-
examination of C.W.1. It is next submitted that he is having good case
on merit and required to put up his defence on record through cross-
examination of C.W.1. In the interest of justice, he prayed to allow the
application and recall C.W.1 for cross-examination. Hence, this
application.
3. Complainant has filed his reply overleaf of the application.
It is submitted that accused has been deliberately delaying the trial. He
further submitted that if application is allowed, exemplary cost may be
imposed on accused and he be directed to start cross-examination
immediately.
4. Heard advocate for both sides.
5. Perused record. It appears that evidence affidavit of C.W.1
was filed on record 28/10/2021. Thereafter on 23/09/2022 an order
was passed for exhibiting of documents. Since then matter was pending
for cross-examination of C.W.1. On 24/08/2023 accused and his
advocate on record were absent. Adjournment cum exemption
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2 C. C. No.1515/SS/2018
Exh.156
application was rejected and order of ‘no cross-examination’ was passed
against accused. Considering this fact and ground mentioned by
accused in the application, interest of justice requires that accused may
be given fair opportunity to bring on record events taken place
subsequent to filing of complaint. So application deserves to be
allowed. At the same time, it cannot be ignored that there has been
delay in the disposal of case due to accused, so 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.500/-
(Rupees Five Hundred Only) to the C.W.1.
2. C.W.1 be recalled for cross-examination on payment of cost
amount.
Date : 06/07/2024
Sd/-
( Shri. R.D. Dange )
Judicial Magistrate First Class,
63rd Court, Andheri, Mumbai
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