Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 19 SW 2020 Intekhab Vs Seema & Ors.
CNR-MHMM18-000371-2020
ORDER BELOW EXH.1
1. Perused record. Heard Ld. Advocate for the applicant.
2. This is an application under Section 156(3) of Code of Criminal
Procedure for registration of an offence and investigation. It is the case of the
applicant/complainant that he got married with proposed Accused No.1, Seema,
and left abroad. He paid total amount of Rs.6 lacs to her and accused persons
for purchase of the house. But while purchasing house the transactions was
entered into by her in her own name and other accused persons. While doing so
proposed accused persons also forged certain documents. Thereby they cheated
the applicant/complainant.
3. The matter is divided into two parts, first, payment of amount and
second, purchase of the property. So far as second part is concerned there is
ample evidence on record, but evidence pertaining to allegations regarding first
part is missing. Those allegations appear to be of quasi criminal nature. The
pleading as well as the evidence in support of it pertaining to cheating and
forgery appears deficient. The proposed direction is of serious nature and
applicant/complainant is bound to make a strong case. The application/
complaint fails to meet this requirement of strong case. Therefore, I am of the
opinion that before proceeding further it is necessary to ascertain the allegations
and for this purpose the recording of verification of the complainant and his
evidence regarding allegations needs to be brought on record. Therefore,
following order :
ORDER
a. The prayer for issuance of direction under Section 156(3) of Code of
Criminal Procedure, is rejected.
b. Matter is kept for verification of the complainant.
MUMBAI (KOMALSING RAJPUT)
DATE – 18.11.2021 M.M., 12TH COURT, BANDRA, MUMBAI
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