Order 1

Order Details: Order
Pdf Text: 1 C. C. No.3305/SS/2018
Exh.38
ORDER BELOW EXH.38
Read application and say filed by the complainant. Heard
both sides. This is an application filed by accused for recalling of C.W.1
for cross-examination.
2. It is the contention of accused that it is necessary to call the
complainant for cross-examination on certain material facts which
could not be brought on record earlier due to not examined. It is next
contended that said witness is essential to arrive at a just and fair
decision in the matter and will not cause any prejudice to the
complainant. It is therefore, requested to allow the application and
recall the complainant.
3. Complainant has filed his say at (Exh.40) and objected the
application. He has submitted that evidence affidavit of complainant is
filed on 07/09/2019 thereafter matter was kept before Lok Adalat on
30/09/2023 but it was not settled. Thereafter, from 24/02/2025 it is
kept for recording statement of accused under Section 313 of Cr. P.C.
Therefore, he prayed to reject the application.
4. Perused record. It appears that the accused is prosecuted
for the offence punishable under Section 138 of N.I. Act. Complainant
has filed his evidence affidavit on 07/09/2019 and on 31/07/2023
documents filed by complainant came to be exhibited. Since then it is
posted for cross-examination. On 02/03/2024 accused was absent. His
advocate was present but he did not conduct cross-examination of
complainant and also not filed any adjournment application on his
behalf. Therefore, ‘no-cross’ order has been passed against him. Accused
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2 C. C. No.3305/SS/2018
Exh.38
is ready to conduct the cross-examination of C.W.1. If the application is
not allowed, accused will be precluded to raise his defence. On the
contrary, if present application is allowed, it will not cause any
prejudice to the complainant. Hence, considering the above aspect and
in the larger interest of justice, application deserves to be allowed.
However, accused has filed present application after closing evidence of
the complainant, therefore, 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.2,000/-
(Rupees Two Thousand Only) to be paid to C.W.1.
2. C.W.1 be recalled for cross-examination on payment of cost
amount.
Date : 15/07/2025
Sd/-
( Shri. M. S. Budhwant )
Judicial Magistrate First Class,
63rd Court, Andheri, Mumbai
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