Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 35 SW 2022 Saturnino Vs Rajendra and anr.
CNR-MHMM18-001886-2022
ORDER BELOW EXH.1
1. Perused record. Heard Ld. Advocate for the complainant.
2. This is an application under Section 156(3) of Code of Criminal
Procedure, seeking direction to register the offence against the
respondents and carry out investigation in the alleged acts.
3. The application is supported by affidavit. Compliance of Section
154(2) done. Certain offences are cognizable in nature. Thus, the basic
requirements are satisfied.
4. It is alleged that the accused persons filed a suit in the name of fake
person and obtained ex-parte decree of eviction fraudulently. Taking
advantage of the said decree they obtained property owned by
complainant. Later on complainant sought to set a side the said ex-parte
decree but his prayer was rejected and hence he filed appeal. During
pendency of this appeal the accused persons committed another fraud on
the complainant, under the pretext of compromise they forced
complainant to withdraw the said appeal. They paid nothing out of agreed
amount of settlement. Complainant came to know that he has been
defrauded by accused persons again. Therefore, he approached police, but
no purpose served. Hence, this complaint.
5. The majority of the transactions are of civil nature. Even if they
presumed to be true, they are mainly based on documentary evidence
which can be procured by complainant himself. If need of any additional
evidence is felt, it can be collected by ordering investigation under
Section 202 of Code of Criminal Procedure. The prayer sought is having
serious consequences. All the allegations are old and in view of above
discussed aspects of the matter I am of the opinion that prayer can not be
allowed. As such recording of verification will serve the purpose.
Therefore, order - Page - 1/2
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C. C. No. 35 SW 2022 Saturnino Vs Rajendra and anr.
CNR-MHMM18-001886-2022
ORDER
Prayer for registration of offence and directing investigation as per
Section 156(3) of Code of Criminal Procedure is rejected. Matter is kept
for recording of verification of complainant.
MUMBAI (KOMALSING RAJPUT)
DATE – 17.08.2023 M.M., 12TH COURT, BANDRA, MUMBAI
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