Interim Order 1

Order Details: Order
Pdf Text: 1 C. C. No.2589/SS/2019
Exh.30
ORDER BELOW EXH.30
1. This is an application moved by accused for setting aside
‘no-cross’ order dated 20/12/2023.
2. Brief contentions in the application are as under:
Complainant has filed present complaint against accused
for dishonour of cheque. It is contended that advocate for accused
was trying to keep back the matter by orally requesting for cross in
the afternoon as the counsel who was going to conduct the cross was
in the Hon’ble High Court and was ready to take cross in afternoon
and inadvertently due to some misunderstanding or
miscommunication, no cross order came to be passed. It is next
contended that he is ready to conduct cross-examination. He next
states that irreparable loss would be caused to him if application is
not allowed. It is lastly contended that in the interest of justice an
order dated 20/12/2023 be set aside.
3. Complainant has objected the application by filing her
overleaf the application. He has submitted that present application is
nothing but the delaying tactics of the accused. Hence, she prayed to
dismiss the application with 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 03/11/2022 and documents were marked as exhibit
vide order dated 24/01/2023. Since then matter is posted for cross-
examination of C.W.1. On 20/12/2023 accused was absent. His
advocate was present but did not conduct cross-examination of
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2 C. C. No.2589/SS/2019
Exh.30
C.W.1. No adjournment application was filed on record. Hence, an
order to proceed without cross-examination of C.W.1 was passed
against him.
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 20/12/2023 against accused is set aside on
payment of cost of Rs.500/- (Rupees Five Hundred 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 : 27/12/2024
Sd/-
( Shri. R.D. Dange )
Judicial Magistrate, First Class
63rd Court, Andheri, Mumbai
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