BEFORE THE 33RD METROPOLITAN MAGISTRATE COURT, AT BALLAED PIER

Complaint No.4921/SS/2017

In the Matter of

Tata Motors Finance Ltd. …Complainant

Versus

M / s Panchhunga & Sons & Anr …Accused

Application U/s. 311 of Cr.P.C. for Recall

Of Witness i.e. PW. No.1 (Complainant)

MAY IT PLEASE YOUR WORSHIP:

1. It is most respectfully submitted that on 20.09.2019 Hon’ble Court passed an order of “No
Cross” against the accused.

2. On the said date, actual counsel could not appear due to sudden ill health, and hence a proxy
counsel had sought an adjournment and time for cross examination, however the same was
denied and a no cross order was passed.

3. That thereafter on 07.12.2019 the Counsel of Accused was present before this Hon’ble court but
the Accused was not present due to some health reasons as he was hospitalized in North
Eastern Indira Gandhi Regional Institute of Health and Medicine and Science for some days and
due to that there was no communication between the accused and the Counsel. Therefore there
was no instruction from the Accused to the counsel on the above matter. An affidavit of the
Accused is submitted herewith.

4. Now the communication has been established and accused has released from the hospital and
now Accused provided information to the Counsel for the Cross-Examination in the above
matter. That no prejudice will be caused to the case of the complainant if this application is
allowed. It is submitted that Hon’ble Court to ensure justice and to bring true and material facts
for deciding the complaint, be please to set aside said order dated 20.09.2019 and recall the
witness for cross-examination. Hence as per the principle of natural justice the accused be given
due opportunity to cross-examine the Complainant to enable him defend his case.
 PRAYER

Therefore it is Humbly Prayed that this Hon’ble be pleased to allow this application and pass an
order to set aside the No-Cross order dated 20.09.2019 in the interest of Justice.

And for this act of kindness, the accused shall ever pray.

Date :
Place : Mumbai Advocate for Accused