Order 1

Order Details: Order
Pdf Text: IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS,
44TH COURT, ANDHERI, MUMBAI.
C.C.No.4563/SS/2018
Dilip K. Satra … Complainant
V/s
Deepak S. Gori … Accused
ORDER ON APPLICATION FILED UNDER SECTION 311 OF THE CODE OF
CRIMINAL PROCEDURE.
At the fag end of the trial, the accused filed this application under
section 311 of the Code of Criminal Procedure and thereby prayed to grant
him permission to examine himself to rebut the presumption and to bring real
facts on record.
2. Per contra, the learned advocate for the complainant opposed the
application on the ground that several opportunities were granted, but the
accused intentionally prolonged the matter.
3. Having heard the learned advocates for both the sides, I perused the
record.
4. It is admitted position that the complainant has been cross-examined
by the accused and therefore, the case was proceeded further. It is settled
that the accused is entitled to rebut the presumption under section 139 of the
Negotiable Instrument Act by way of cross-examination of the complainant
and the witnesses and he may adduce evidence. Hence, having regard to the
nature of the case and the willingness of the accused to proceed further, I am
inclined to allow this application.
ORDER
The application is allowed.
Sd/-
( Sujitkumar C. Tayde )
Judicial Magistrate First Class,
Date : 05.05.2026 44th Court, Andheri, Mumbai.
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