Order 1

Order Details: Order
Pdf Text: 1 C. C. No.3283/SS/2018
Exh.64
ORDER BELOW EXH.64
1. This is an application moved by accused under Section 311
of Cr.P.C. for recalling of P.W.1.
2. Brief contentions in the application are as under:
Complaint is filed against accused under Section 138 of
N.I. Act. It is contended that on 19/01/2024 cross-examination of
C.W.1 was recorded but deferred for producing minutes of meeting. On
26/02/2024 complainant failed to produce said document and an order
of ‘no-cross’ was passed by the Court. It is further contended that
accused has never had any
malafide intention either to delay or protract
the trial and he is very much ready and willing to cross-examine C.W.1.
It is next contended that entire case is revolving around the testimony
of C.W.1 and his evidence is essential for just and correct decision of the
case. It is also contended that alleged offence is of strict liability putting
evidential burden on accused to rebut the presumption of Section 139
of N.I. Act, it is expedient and fair to grant reasonable opportunity to
him to cross-examine C.W.1. Hence, by filing present application he
prayed to recall the complainant for further cross-examination in the
interest of justice.
3. Complainant has gave no objection to allow this
application by filing say overleaf the application.
4. Heard advocate for both sides.
5. Perused record. It appears that on 13/06/2023 and
19/01/2024 part cross-examination of C.W.1 was conducted by
advocate for accused. Since then matter was posted further cross-
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2 C. C. No.3283/SS/2018
Exh.64
examination of complainant but accused did not proceed with the
matter. Therefore, an order to proceed without further cross
examination of C.W. 1 was passed against him. Considering this facts,
grounds mentioned by in the application and no objection given by
advocate for complainant, interest of justice requires that accused may
be given fair opportunity to put up his defence. So application deserves
to be allowed. At the same time, it cannot be ignored that there has
been delay in the disposal of case due to him, so some cost is necessary
to be saddled on him. In the result, I pass following order :
ORDER
1. Application is allowed subject to payment of costs of Rs.500/-
(Rupees Five Hundred Only) to the complainant.
2. Complainant be recalled on payment of cost amount.
Date : 19/12/2024
Sd/-
( Shri. R.D. Dange )
Judicial Magistrate First Class,
63rd Court, Andheri, Mumbai
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