Order 1

Order Details: Order
Pdf Text: 1 C. C. No.3031/SS/2018
ORDER BELOW APPLICATION
FOR SETTING ASIDE NO CROSS
1. This is an application moved by accused for setting aside
‘no-cross’ order dated 16/02/2023.
2. Brief contentions in the application are as under:
Complainant has filed present complaint against accused.
It is contended that accused was not in contact due to personal
difficulty and was unable to conduct cross of C.W.1. Due to which the
court was pleased to pass order of ‘no-cross’ against him on
16/02/2023. It is lastly contended that in the interest of justice order of
‘no-cross’ passed against him be set aside.
3. Complainant has objected the application by filing his reply
overleaf the application. He has submitted that complainant is always
present before the Court and ready for cross but accused and his
advocate are continuously remaining absent and filing application for
adjournment. Therefore, he prayed to reject the application.
4. Heard advocate for both sides at length.
5. Perused record. It appears that evidence affidavit of C.W.1
is filed on 03/07/2019 and documents were also marked as exhibit.
Since then matter is posted for cross-examination of C.W.1. On
16/02/2023 complainant with his advocate was present. Accused was
present but his advocate was absent. Despite of granting sufficient
opportunities, accused did not conduct cross-examination of C.W.1.
Hence, an order to proceed without cross-examination of C.W.1 was
passed against him.
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2 C. C. No.3031/SS/2018
6. Considering the grounds mentioned in the application and
say given by complainant, interest of justice requires that accused may
be given opportunity to cross-examine C.W.1. 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. Order passed on 16/02/2023 against accused is set aside on
payment of cost of Rs.2,000/- (Rupees Two Thousand Only) by
accused to the C.W.1.
3. C.W.1 be recalled for cross-examination on payment of cost
amount by accused.
Date : 15/03/2025
Sd/-
( Shri. R.D. Dange )
Judicial Magistrate, First Class
63rd Court, Andheri, Mumbai
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