Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 85 SW 2021 Chintamani Vs. Vimal
CNR-MHMM18-002962-2021
ORDER BELOW EXH.1
1. Perused record. The present application is filed U/Sec.156(3) of
Code of Criminal Procedure seeking direction to register the First
Information Report and investigate the allegations mentioned in it.
2. The alleged offences are cognizable and non-bailable. Application
is supported by affidavit. The compliance of Sec.155(2) of Code of
Criminal Procedure is also done.
3. The original applicant approached this court through his Power of
Attorney stating that he entered into Memorandum of Undertaking with
the proposed accused persons on 08/08/2019 in respect of certain
properties. In violation of this agreement the proposed accused persons
entered into Agreement of Leave and License with third party on
10/12/2020, in respect of one of the property. They also failed to share the
rents with the applicant. There is clear intention on their part to defraud
the applicant. Therefore, present application for seeking direction.
4. The submissions of Ld. Advocate are in tune with the contents of
the application. The copy of M.O.U. (Exh.A) and the rent agreement
(Exh.D) alongwith other documents supports the contention of the
applicant to the effect that there was memorandum of understanding
amongst the parties and in its violation the rent agreement was executed.
The question remains whether applicant succeeded in making out the case
to issue direction prayed for.
5. The all transactions are of documentary nature. There is not much
role to be played by police through investigation. The oral evidence in
support of those documents can be brought on record by way of
verification and other means. There appears doubt whether allegations
constitute any offence as all transactions are much of civil nature. The
direction sought is having serious consequences. Such power needs to be
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C. C. No. 85 SW 2021 Chintamani Vs. Vimal
CNR-MHMM18-002962-2021
exercised sparingly in serious cases where intervention by police and
investigation by them is necessary. No such a strong case is made out by
applicant. It leads to inference that prayer cannot be allowed. The
recording of verification and collection of evidence through other means
will serve the purpose, and hence following order -
ORDER
a. Prayer for registration of offence and investigation as per Section
156(3) of Code of Criminal Procedure is rejected.
b. Matter is kept for recording verification of the complainant.
Sd/-
MUMBAI (KOMALSING RAJPUT)
DATE – 26.08.2021 M.M., 12TH COURT, BANDRA, MUMBAI
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