Interim Order 1

Order Details: Order
Pdf Text: 1 C. C. No.3364/SS/2018
Exh.30
ORDER BELOW EXH.30
1. This is an application filed by accused for recalling C.W.1
under Section 311 of Cr. P.C and setting aside order dated 16/12/2022.
2. Brief contentions in the application are as under:
Complainant has filed present complaint under Section 138
of N.I. Act. Accused appeared before the Court and pleaded not guilty.
Evidence affidavit of C.W.1 was filed on 05/09/2019 alongwith list of
documents. On 04/02/2020 an order of exhibiting documents is
passed. Since then matter is pending for cross-examination of C.W.1. On
16/12/2022 accused was absent when called out in the Court hence,
the court was pleased to pass an order of ‘no-cross’ against him and the
matter was posted for further evidence of complainant. On that date
the accused and his advocate got late and meanwhile said order was
passed against him. Accused is having good case on merit and required
to be put up his defence on record through cross-examination of C.W.1.
Material facts is required to be brought on record. No prejudice will be
caused to the complainant if present application is allowed. Hence, this
application.
3. Complainant has filed her reply at (Exh.31) and objected
the application. She has submitted that accused is irregular in
defending his case. She next submits that ample opportunities are
granted him to take cross-examination of C.W.1 but he failed to do so.
She further submitted that accused by filing unwanted application,
gaining time and adopted delayed tactics. Hence, She prayed to reject
the application.
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2 C. C. No.3364/SS/2018
Exh.30
4. Heard advocate for both sides.
5. Perused record. It appears that additional evidence
affidavit of C.W.1 is filed on 05/09/2019. Since then matter is pending
for cross-examination of complainant. Till 16/12/2022 cross-
examination of C.W.1 was not conducted hence, an order of ‘no-cross’
was passed and the matter is posted for further evidence of
complainant. Considering this fact and ground mentioned by accused
in the application, 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 accused, 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 for cross-examination on payment of
cost amount.
Date : 30/03/2024
Sd/-
( Shri. R.D. Dange )
Metropolitan Magistrate,
63rd Court, Andheri, Mumbai
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