Order 1

Order Details: Order
Pdf Text: 1 C. C. No. 2916/SS/2018
ORDER BELOW EXHIBIT NO. 58
The accused has forwarded the present application to set-aside no
cross-examination order passed against him.
2. It is submitted by the accused that, on 06/06/2025, this court has
passed no cross-examination order against him. It is submitted by the
accused that, due to some unavoidable circumstances, accused and his
advocate could not remain present on the fixed date and therefore, no cross-
examination order came to be passed. There was no any intention to
prolong the proceeding. Now the accused is ready to conduct the cross-
examination. If the present application is not allowed then great prejudice
would cause to the accused. Therefore, lastly prayed to allow the
application.
3. The complainant has filed his reply on the backside of this application
and raised an objection to allow the application. It is submitted by the
complainant that sufficient opportunities have been granted to the accused
to conduct the cross-examination. If the application is allowed then serious
prejudice would cause to the complainant. Therefore lastly prayed to reject
the application.
4. Heard. Perused the application and say.
5. This is a private complaint filed U/s. 138 of Negotiable Instruments
Act. By way of present application, the accused has prayed to set-aside no
cross-examination order passed against him. I have perused the record and
it seems that, the documents came to be exhibited on 06/06/2025 and on
the same day, no cross-examination came to be passed. It seems that, matter
is of the year 2018. I have perused the reason cited in the application for
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2 C. C. No. 2916/SS/2018
non- conducting of cross-examination. In the case in hand, the cheques are
in dispute. The accused has only an opportunity to put his defence by way of
cross-examination. Considering the delay and conduct of the accused, cost
is required to be imposed while allowing the application. Hence, I pass
following order:-
ORDER
1. Application is allowed subject to cost of Rs. 2,000/-
payable by accused to the complainant.
2. Permission is granted to conduct the cross-examination
by depositing the above cost.
3. Accused should pay the cost and should conduct the
cross-examination on next date.
Date : 26/05/2026 Sd/-
(Y. P. Pujari)
Judicial Magistrate (First class)
48th Court, Andheri, Mumbai.
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