Order 1

Order Details: Order
Pdf Text: 1 C. C. No.3616/SS/2018
Exh.39
ORDER BELOW EXH.39
1. Read the application and say filed by complainant
thereon. Heard both sides. Perused record.
2. Perusal of record shows that the C.W.1 has filed his
affidavit of examination-in-chief on 02/07/2025. Thereafter,
admissibility of documents came to be adjudicated on 13/01/2026
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
16/05/2026 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.1,000/-
(Rupees One Thousand Only) to be paid to the
complainant.
2. Order dated 16/05/2026 is hereby set aside and
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 : 19/08/2026
( D. P. Kasat)
Judicial Magistrate First Class,
63rd Court, Andheri, Mumbai
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