Order Details: Order
Pdf Text: 1 C. C. No.3149/SS/2018
Exh.66
ORDER BELOW EXH.66
1. Read the application and say thereon. Heard both
sides. Perused record.
2. Perusal of record shows that the C.W.1 has filed his
affidavit of examination-in-chief at Exh.36 on 02/04/2025.
Thereafter, admissibility of documents came to be adjudicated on
02/07/2025 and matter came to be posted for cross-examination
of C.W.1. However, as the accused failed to cross-examine the
C.W.1, on 03/12/2025 the order of ‘no-cross examination’ came to
be passed.
3. However, considering the interest of justice and so as
to give an opportunity of fair trial to the accused, it would be just
and proper to allow the accused to cross-examine the C.W.1, by
compensating the complainant to some extent. Considering this
aspect, following order is passed :
ORDER
1. Application is allowed subject to costs of Rs.3,000/-
(Rupees Three Thousand Only) to be paid to the
complainant.
2. Accused is permitted to cross-examine the C.W.1 with
direction that he shall do so on next date without
failure by complying with cost condition.
Date : 20/03/2026
Sd/-
( D. P. Kasat)
Judicial Magistrate First Class,
63rd Court, Andheri, Mumbai
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