Order 2

Order Details: Order
Pdf Text: 1 C. C. No.2254/SS/2018
Exh.85
ORDER BELOW EXH.85
1. Read the application and say filed at Exh.86. Heard
both sides. Perused record.
2. Perusal of record shows that the examination-in-chief
of C.W.2 i.e. Branch Head of Axis Bank was recorded on
09/03/2025. On that date exemption application of accused was
granted on condition to conduct cross-examination of C.W.2.
Despite that, advocate for accused did not proceed with the matter,
therefore, no-cross order came to be passed against accused.
Thereafter, complainant filed evidence close pursis at Exh.78 and
statement of accused under Section 313 of Cr.P.C. came to be
recorded on 08/06/2026. Thereafter, accused filed present
application for recalling of C.W.2 stating that denial of an
opportunity to cross-examine C.W.2 would cause serious prejudice
to him and prayed to allow the application in the interest of
justice.
3. Considering the interest of justice and so as to give
an opportunity of fair trial to the accused, it would be just and
proper to allow him to cross-examine the C.W.2, by
compensating the complainant to some extent. Considering this
aspect, following order is passed :
ORDER
1. Application is allowed subject to costs of Rs.3,000/-
(Rupees Three Thousand Only) half of which to be
paid to the C.W.2 and remaining half to be deposited
in Court for D.L.S.A.
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2 C. C. No.2254/SS/2018
Exh.85
2. Accused is directed to take necessary and effective
steps for securing presence of C.W.2 for cross-
examination and shall conduct the cross-examination
as and when the witness appears, failing which no
further opportunity shall be granted under any
circumstances.
Date : 14/07/2026
Sd/-
( D. P. Kasat)
Judicial Magistrate First Class,
63rd Court, Andheri, Mumbai
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