Final Order 1

Order Details: Order Below EX 1
Pdf Text: MHMM180016422022
IN THE COURT OF METROPOLITAN MAGISTRATE, 58TH COURT,
BANDRA, MUMBAI
ORDER BELOW EXH.01 in C. C. No.175/SC/2022
1. The complainant has filed present case for the offence
punishable u/sec.138 of N.I. Act. The complainant submitted that
she had given Rs.1,00,000/ to the Jyoti Sham Gaikwad and Nitesh
Krishna Jadhav towards booking of room at Worli under the scheme
of MHADA. The accused Rajesh is son of Jyoti Gaikwad given
undertaking that if his mother failed to hand over the room he will
refund the amount. The disputed cheque is issued by the accused in
view of such undertaking. The contention of the complainant itself
has shown that she has given an amount for illegal activity. There
were no any scheme of MHADA or State Government to allot the
room after taking money from the allottee. Thus, the activity of the
complainant itself is illegal. Accordingly, I hold that the cheque was
issued under illegal activity. Hence, it is not for legal liability. In the
result, the offence u/sec.138 of N.I.Act could not be established
against the accused even presuming that fact mentioned by the
complainant are true. Thus, the cognizance for the offence
punishable u/sec.138 of N.I.Act could not be taken. Accordingly, I
proceed to pass following order.
ORDER
The complaint is dismissed.
Mumbai, (M. Y. Wagh)
Dated : 23.03.2022. Metropolitan Magistrate,
58th Court, Bandra, Mumbai.
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