Order 1

Order Details: Order
Pdf Text: 1 C. C. No.2932/SS/2018
ORDER BELOW EXH.53
1. This is an application moved by accused for setting
aside ‘no-cross’ order dated 15/12/2022.
2. Brief contentions in the application are as under:
The matter was listed as part heard on 15/12/2022.
Prior to that the matter was adjourned for settlement between
parties. On 15/12/2022 due to some difficulties, accused was
unable to remain present and hence complainant refused to settle
the matter. The the court was pleased to pass no-cross order
against accused. He submits that considering facts of the case, if
the reliefs prayed for are granted, no prejudice would be caused to
any parties and on the other hand if same is refused, the accused
would suffer grave and irreparable loss, harm injury and loss
which could never be compensated in terms of money. Hence, he
prayed to allow the application and set aside ‘no-cross’ order
passed against him.
3. Complainant has filed his say at (Exh.55) stating that
matter is of the year 2018 and documents are exhibited on
18/02/2022. Inspite of that accused failed to cross-examine the
complainant on 15/12/2022 and cross of C.W.1 was closed.
Complainant submits that application may be allowed subject to
heavy costs to be granted in favour of complainant.
4. Heard advocate for both sides at length.
5. Perused record. It appears that examination-in-chief of
C.W.1 is filed on record on 26/12/2018. Process was issued against
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2 C. C. No.2932/SS/2018
accused on 26/12/2018. Accused appeared before the court on
05/08/2019 and recorded his plea. Thereafter, matter was referred
for mediation on 23/12/2019. It was returned with report ‘not
settled’ on 07/12/2021. Since then it was pending for cross-
examination of C.W.1 but accused was absent. Therefore, on
15/02/2022 an order was passed and matter was proceeded
without cross-examination of C.W.1.
6. Contention of accused that there was settlement talk
going on between him and complainant gets corroboration from
mediation report. Considering the grounds mentioned in the
application and say given by complainant, interest of justice
requires that accused may be given last opportunity to cross-
examine the complainant. 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. No-cross order passed on 15/12/2022 against accused is
set aside on payment of cost of Rs.2,000/- (Rupees Two
Thousand Only) by him to the complainant.
3. Complainant be recalled for cross-examination on
payment of cost amount by accused.
Date : 30/01/2024
Sd/-
( Shri. R.D. Dange )
Metropolitan Magistrate,
63rd Court, Andheri, Mumbai
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