Interim Order 1

Order Details: Order
Pdf Text: 1 C. C. No.4775/SS/2018
Exh.27
ORDER BELOW EXH.27
1. This is an application filed by accused for recalling C.W.1
under Section 311 of Cr. P.C.
2. Brief contentions in the application are as under:
Complainant has filed present complaint under Section 138
of N.I. Act. It is contended that complainant filed three cases bearing
No.5083/SS/2018, 1220/SS/2019 and present complaint against
accused. It is next contended that he and his advocate are regular in
attending the matters and never filed any adjournment application. It
is further contended that he and his advocate have no knowledge about
the date of hearing on 14/08/2023 and therefore, they were absent on
that date and advocate for complainant filed an application for passing
‘no-cross’ order and the Court was pleased to pass ‘no-cross’ order
against accused. He further contended that it is necessary to bring
evidence on record to decide the case in the interest of justice. It is also
contended that present application is not filed to delay the trial and no
prejudice will be caused to the complainant. Hence, in the interest of
justice he prayed to allow the application. Hence, this application.
3. Complainant has filed his reply overleaf the application
and raised objection to allow the same.
4. Heard advocate for both sides.
5. Perused record. It appears that evidence affidavit of C.W.1
is filed on 24/03/2022. Thereafter on 25/04/2022 an order of
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2 C. C. No.4775/SS/2018
Exh.27
exhibiting documents was passed. Since then matter is pending for
cross-examination of C.W.1. Accused and advocate failed to take cross-
examination of C.W.1. Hence, an order was passed to proceed without
cross-examination of C.W.1 against accused. Considering this fact and
ground mentioned by accused in the application, interest of justice
requires that accused may be given fair opportunity to bring on record
events taken place subsequent to filing of complaint. 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.2,000/- (Rupees Two Thousand Only) to the C.W.1.
2. C.W.1 be recalled for cross-examination on payment of cost
amount.
Date : 24/06/2024
Sd/-
( Shri. R.D. Dange )
Metropolitan Magistrate,
63rd Court, Andheri, Mumbai
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