Final Order 2

Order Details: Order Below EX 1
Pdf Text: C. C. No. 14 SW 2020 Sachin Vs Sambhaji and Anr.
CNR No.MHMM18-000313-2020
FURTHER ORDER BELOW EXH.1
1. Perused record. Heard Ld. Advocate for the complainant.
2. The present complaint is filed for offence punishable under
Sections 406 and 420 r/w.34 of Indian Penal Code. The summary of the
allegations is that the complainant entered into transaction of purchase of
the land situated at Uran, Dist. Raigad. Towards the said transaction he
paid considerable amount and the M.O.U. was also executed. For some
reasons transaction failed. Accused despite repeated demands failed to
repay the amount and rather did various acts resulted in criminal breach
of trust and cheating of the complainant and other persons.
3. After going through the record it is noticed that neither land
situated within the jurisdiction of this court nor any transaction took place
within this jurisdiction. It is pleaded that M.O.U. was executed at Bandra,
Mumbai. However, the contents of the relevant document produced on
record, is against this fact pleaded. Not a single document produced or
anything brought to notice of this court to confer jurisdiction on this
court. Therefore, matter can not be proceeded further before this court.
4. The specific query to this effect was made to the Ld. Advocate for
the complainant. He only relied on the fact pleaded that M.O.U. was
executed at Bandra, Mumbai. But as stated above, the contents of the
relevant document produced on record, is against this fact pleaded and
nothing produced to confer jurisdiction on this court. Therefore, said
submission not sustainable. It is also submitted that since last four years
matter is pending and now it can not be filed before competent court and
therefore, it shall be proceeded further. The said submission is also not
tenable. Thus, the matter can not be entertained for want of jurisdiction.
Without going into merits, following order -
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C. C. No. 14 SW 2020 Sachin Vs Sambhaji and Anr.
CNR No.MHMM18-000313-2020
ORDER
Complaint is dismissed.
MUMBAI (KOMALSING RAJPUT)
DATE – 24.09.2024 J.M.F.C., 12TH COURT, BANDRA, MUMBAI
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