Interim Order 1

Order Details: Order
Pdf Text: 1 C. C. No.2179/SS/2018
Exh.44
ORDER BELOW EXH.44
1. This is an application filed by accused for setting aside ‘no
cross’ order dated 13/02/2024.
2. Brief contentions in the application are as under:
Complainant has filed present complaint under Section 138
of N.I. Act. The case is pending for filing say of complainant on
application filed by accused under Section 91 of Cr.P.C. for directing the
complainant to produce certain documents on record. Part cross-
examination of C.W.1 was conducted on 19/08/2023 and on
13/10/2023. Advocate for accused filed an application under Section
91 of Cr. P.C. on 13/10/2023 for production of documents which was
kept for say of complainant. It is next contended that it is necessary for
the accused to establish his case. Hence, he prayed to allow this
application.
3. Say of complainant was called. But no say filed. Hence,
application is taken up for consideration without his say.
4. Heard advocate for accused.
5. Perused record. It appears that evidence affidavit of C.W.1
is filed on 16/10/2019. Thereafter, on 19/08/2023 and on 13/10/2023
part cross-examination of C.W.1 was conducted. On 13/02/2024
accused and his advocate were absent. No adjournment application was
filed on record. Hence, ‘no-cross’ order was passed against him.
Considering this fact, grounds mentioned by accused in the application
and interest of justice requires that accused may be given fair
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2 C. C. No.2179/SS/2018
Exh.44
opportunity to bring on record events taken place subsequent to filing
of complaint. So application deserves to be allowed. In the result, I
pass following order :
ORDER
1. Application is allowed.
2. C.W.1 be recalled for cross-examination.
Date : 08/04/2024
Sd/-
( Shri. R.D. Dange )
Metropolitan Magistrate,
63rd Court, Andheri, Mumbai
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