Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 47 SW 2022 Sameer Vs Adil and ors.
CNR - MHMM18-002024-2022
ORDER BELOW EXH.1
1. Perused record. Heard Ld. Advocate of the complainant/applicant.
2. The alleged offences are cognizable in nature. The compliance of
Section 154(3) is done. The application is also supported by affidavit. It
means all the technical aspects are complied with.
3. The present complaint/application is filed under Section 156(3) of
Code of Criminal Procedure, seeking direction to register the offence and
investigate the matter through police machinery. It is the case of the
applicant that he is secretary of society, where he along with accused
persons are residing. Society vide resolution dated 29.01.2017, authorized
its secretary and other two persons to sign the cheques, in respect of bank
account maintained by society. On its basis it is informed to the bank that
the persons mentioned in the said resolution are only persons authorized
to sign the cheque. Accused persons shaking hands with each others
forged copy of resolution and letter sent to bank, showing that chairman
and other persons are also authorized to sign the cheques. They did so to
pay certain amounts to Income Tax Department, with intention to cheat
the applicant and society.
4. The submissions of Ld. Advocate are in tune with the above facts
pleaded. Ld. Advocate also relied the observations of Supreme Court in
the case of Madhao and anr. Vs. State of Maharashtra and anr. ((2013) 5 SCC
615), wherein certain aspects relating to cognizance of offence are
discussed.
5. The complaint/application if accepted as it is, it is clear that the
interested witnesses are applicant himself and certain office bearers. The
case is mainly based on documentary evidence. Those documents are
either in custody of society or bank or with the applicant himself, in
capacity of secretary of society. Thus, whole evidence can be easily
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C. C. No. 47 SW 2022 Sameer Vs Adil and ors.
CNR - MHMM18-002024-2022
availed. In the alternative if need of any additional documentary or oral
evidence is felt, such evidence can be collected by ordering investigation
as per Section 202 of Code of Criminal Procedure.
6. The prayer sought for is having serious consequences. It requires
some strong case involving collection of material which is not possible in
the court. For the reasons discussed above, no such case made out,
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 – 04.06.2022 M.M., 12TH COURT, BANDRA, MUMBAI
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