Interim Order 1

Order Details: Order
Pdf Text: 1 C. C. No.1512/SS/2018
Exh.22
ORDER BELOW EXH.22
Perused application. Heard advocate for accused.
This is an application filed by accused to set aside no cross order
dated 09/08/2024.
2. Perused record. Present complaint is filed under
Section 138 of N. I. Act. Complainant has filed his affidavit in
lieu of examination of chief at on 12/08/2022. Thereafter, on
03/12/2022 documents were marked as exhibited and since
then matter is pending for cross-examination. On 09/08/2024
accused was present and her advocate was absent. No
adjournment application was filed on behalf of accused and she
denied to conduct cross-examination of C.W.1 personally.
Therefore, an order of ‘no-cross’ was passed against her. The
advocate for the accused submitted that he is ready to conduct
the cross-examination. Reasons mentioned in the application are
unsatisfactory but if the ‘no-cross’ order is not set aside, the
accused is precluded to take his defence and it will cause great
injustice to her. On the other hand, for the just decision of the
case and for fair trial, if the ‘no-cross’ order is set aside, no
prejudice will be caused to the complainant. Hence, considering
the above fact, the 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 :
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2 C. C. No.1512/SS/2018
Exh.22
ORDER
1. Application is allowed subject to payment of costs of
Rs.2,000/- (Rupees Two Thousand Only) to be paid to
C.W.1.
2. C.W.1 be recalled for cross-examination on payment of
cost.
Date : 18/08/2025
Sd/-
( Shri. M. S. Budhwant )
Judicial Magistrate First Class,
63rd Court, Andheri, Mumbai
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