Order 1

Order Details: Order
Pdf Text: 1 C. C. No.5032/SS/2018
Exh.33
ORDER BELOW EXH.33
1. This is an application moved by accused for setting aside
‘no-cross’ order dated 21/05/2024.
2. Brief contentions in the application are as under:
Complainant has filed present complaint against
accused. It is contended that no cross order was passed against him
due to non appearance. It is next contended that his advocate was ill
and he was out of Mumbai and hence could not appeared before the
Court and conduct cross-examination of C.W.1. It is lastly contended
that in the interest of justice an order of no cross be set aside and to
recall C.W.1 for cross-examination.
3. Complainant has objected the application by filing his
reply at (Exh.34). He has submitted that present application is
nothing but the delaying tactics of the accused. Hence, he prayed to
dismiss the application with heavy costs.
4. Heard advocate for both sides at length.
5. Perused record. It appears that evidence affidavit of
C.W.1 is filed on 23/03/2022 and documents were marked as exhibit
vide order dated 18/04/2022. On 26/03/2024 part cross-
examination was conduced by advocate for accused. Since then
matter is posted for further cross-examination of C.W.1. On
21/05/2024 accused and his advocate were absent. No adjournment
application was filed on record. Hence, an order to proceed without
cross-examination of C.W.1 was passed against him.
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2 C. C. No.5032/SS/2018
Exh.33
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 21/05/2024 against accused is set aside on
payment of cost of Rs.500/- (Rupees Five Hundred Only) by
him to the C.W.1.
3. C.W.1 be recalled for cross-examination on payment of cost
amount by accused.
Date : 04/01/2025
Sd/-
( Shri. R.D. Dange )
Judicial Magistrate, First Class
63rd Court, Andheri, Mumbai
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