Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 18 SW 2018 Jubeda Vs Naseem Banu and ors.
CNR MHMM18-000988-2018
ORDER BELOW EXH.1
1. Perused record. Heard Ld. Advocate for the complainant. Perused
verification statement, the report filed by Investigating Officer under
Section 202 of Code of Criminal Procedure and documents filed.
2. The gist of the present complaint is that the complainants, who are
mother and daughter hand over the amount of about Rs.8,00,000/- to the
accused persons. Accused persons induced complainants to hand over
such a huge amount by representing that it can be given as heavy deposit
to a house owned by them and accused persons undertook to pay monthly
compensation of Rs.22,000/- per month. Accused also executed leave and
license agreement in favour of the complainants. Later on they sold out
the premises and also not paid the monthly compensation as agreed.
3. Besides verification statement of one of the complainant, they also
relied on copies of leave and license agreements and the report of the
investigation. All these documents clearly reflects that there was a
agreement executed amongst parties in consideration of which
complainants handed over the amount and for certain period of time
accused persons also paid monthly compensation. Later on accused
persons sold the premises and also failed pay the monthly compensation.
In the police report the parties raised adverse contentions about the exact
amount repaid by them.
4. The summary of the record is that complainants paid huge amount
in consideration of which accused persons agreed to pay monthly
compensation. As a security to this amount accused persons also executed
leave and license agreement. But later on accused sold out the premises
and also stopped payment of monthly compensation. Thus, the transaction
was purely money transaction and not transaction of rent. It is purely a
transaction of civil nature. In the whole record the element of intention to
defraud and consequent element of wrongful gain and wrongful loss is
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C. C. No. 18 SW 2018 Jubeda Vs Naseem Banu and ors.
CNR MHMM18-000988-2018
totally absent. It is the case of failure of promises and not a case of
cheating or any other transaction of criminal nature. Thus, transaction
being of civil nature no offence made out and hence, following order :
ORDER
Complaint is dismissed.
Sd/-
MUMBAI (KOMALSING RAJPUT)
DATE – 06.09.2021 M.M., 12TH COURT, BANDRA, MUMBAI
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