Order 1

Order Details: Order
Pdf Text: 1 C. C. No.1673/SS/2018
Exh.30
ORDER BELOW EXH.30
1. This is an application moved by accused for setting aside
‘no-cross’ order dated 01/02/2024.
2. Brief contentions in the application are as under:
Complainant has filed present complaint against accused
for dishonour of cheque. It is contended that on 01/02/2024 accused
was present but his advocate was not feeling well and could not
remain present before the Court. It is further contended that it is
important to allow the accused to conduct cross-examination of
complainant to prove his case. It is next contended that in the
interest of justice and equity, he be allowed to conduct cross-
examination of complainant. Hence, he prayed to set aside order
passed on 01/02/2024.
3. Complainant has objected the application by filing say
overleaf the application and prayed to impose heavy costs.
4. Heard advocate for both sides at length.
5. Perused record. It appears that evidence affidavit of
C.W.1 is filed on 11/04/2019 and documents were marked as exhibit
vide order dated 25/07/2019. Since then matter is posted for cross-
examination of C.W.1. On 01/02/2024 accused was present. His
advocate was absent. No adjournment application was filed on
record. Hence, an order to proceed without cross-examination of
C.W.1 was passed against him.
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2 C. C. No.1673/SS/2018
Exh.30
6. Considering the grounds mentioned in the application
and say given by complainant, interest of justice requires that
accused may be given opportunity to cross-examine C.W.1.
Simultaneously, it cannot be ignored that there has been delay in the
trial of complaint 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.
2. Order passed on 01/02/2024 against accused is set aside on
payment of cost of Rs.2,000/- (Rupees Two Thousand Only)
by him to the C.W.1.
3. C.W.1 be recalled for cross-examination on payment of cost
amount by accused.
Date : 19/12/2024
Sd/-
( Shri. R.D. Dange )
Judicial Magistrate, First Class
63rd Court, Andheri, Mumbai
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