Full Order Text
Order 2 · 14 Jul 2026 · CNR MHMM190048802018
Order Details: Order Pdf Text: 1 C. C. No.1890/SS/2018 Exh.36 ORDER BELOW EXH.36 1. Read the application and say thereon. Heard learned advocate for complainant. Nobody appeared and argued for accused. Perused record. 2. Perusal of record shows that the affidavit of examination-in-chief of complainant is filed on 13/12/2023. Thereafter, the admissibility of documents came to be decided on 30/01/2025. Thereafter, as the accused failed to cross-examine the complainant, no-cross examination order came to be passed on 21/02/2025. 3. Further perusal of record shows that the accused is habitual of remaining absent and he was required to bring before the Court by executing non-bailable warrant. Despite releasing him on bail, the accused again remained absent and accordingly, proclamation was required to be issued against him. Even thereafter when the accused appeared and his statement under Section 313 of the Cr.P.C. came to be recorded on 27/04/2026, thereafter he has again disappeared. Though this application is filed on 27/04/2026, thereafter the accused has not turned to argue this application. 4. This entire conduct of the accused appearing from record shows that he is not interested in conducting the matter effectively and expeditiously. On the contrary, it appears that accused is interested only in prolonging the matter on one or the other count. This conduct of the accused does not entitle him to get the relief sought. -- 1 of 2 -- 2 C. C. No.1890/SS/2018 Exh.36 5. Even then considering the interest of justice and so as to give one more and last opportunity of fair trial to the accused, by compensating the complainant to some extent, it would be just and proper to allow the application by imposing certain conditions. Hence, following order : ORDER 1. Application is allowed subject to costs of Rs.5,000/- (Rupees Five Thousand Only) to be paid to complainant on or before next date. 2. Accused is directed to remain present on next date alongwith his advocate and conduct cross- examination of the complainant by complying with cost condition, failing which further necessary orders shall be passed and thereafter no further opportunity shall be given to him under any circumstances. Date : 14/07/2026 Sd/- ( D. P. Kasat) Judicial Magistrate First Class, 63rd Court, Andheri, Mumbai -- 2 of 2 --