Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 52 SW 2024 Vivek Vs Rahul
CNR-MHMM18-003914-2024
ORDER BELOW EXH.1
1. Perused record. Heard Ld. Advocate for the complainant.
2. This is an application, filed since long back, under Section 156(3)
of Code of Criminal Procedure, seeking direction to register the offence
against the respondent and carry out investigation in the alleged acts.
3. The application is supported by affidavit. Compliance of Section
154(2) done. Certain offences alleged are cognizable in nature. Thus, the
basic requirements are satisfied.
4. The summary of the allegations is that the applicant/complainant is
Senior Officer of I.T. Company, named as Anarock. Respondent is also
runs business in I.T. Sector, and owner of the company named as
Housing.com.
5. The summary of the allegations is that accused hired several
services of the applicant, in respect of several e technology issues,
initially in respect of a mobile application named as BrokerNetwork and
for other services. The respondent assured him of 5% equity in the said
application and other benefits. While paying remuneration, besides the
amount of remuneration the respondent transferred additional amount
exceeding Rs.2 crores, in the account of the applicant. Later on it is
transpired that those amounts are from other companies paid to
respondent by them. The respondent did same act in respect of other
persons.
6. Later on, the applicant has been summoned by Economic Offences
Wing (E.O.W.) and by police station. Certain other facts occurred and
then applicant approached Bandra Police Station, Mumbai, and as no
action taken, he approached this court and he sought the investigation
prayed for.
7. As stated above it is alleged that accused hired several services of
the applicant, in respect of several e technology issues, initially in respect
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C. C. No. 52 SW 2024 Vivek Vs Rahul
CNR-MHMM18-003914-2024
of a mobile application named as BrokerNetwork and for other services.
The respondent assured him of 5% equity in the said application and
other benefits. While paying remuneration, besides the amount of
remuneration the respondent transferred additional amount exceeding
Rs.2 crores, in the account of the applicant. Later on it is transpired that
those amounts are from other companies paid to respondent by them. The
respondent did same act in respect of other persons. These allegations
constitute no offence. If anything presumed to be occurred, that
constitutes only civil cause of action and no offence found to be made
out. Therefore, application not tenable.
8. In addition to it, after going through the record certain facts
noticed. The first and foremost fact is that there is doubt whether this
court has jurisdiction over the matter or not? as nothing cause of action
took place within the jurisdiction of this court. Further, after approaching
police, Bandra Police Station, Mumbai, applicant himself stated that he
has no complaint against the respondent and there occurred nothing. The
most important fact noticed is that the offence was already registered with
Amboli Police Station, Mumbai, in respect of one of the amount
transferred into the account of applicant, and as such it can be said that
investigation is already going on in respect of the alleged acts.
9. Thus, neither this court has jurisdiction to entertain the application,
nor any offence made out or anything found which can be said to be
enough to order investigation. Application lacks merit. Therefore, order -
ORDER
Application is rejected. Proceeding disposed off.
MUMBAI (KOMALSING RAJPUT)
DATE – 27.02.2025 J.M.F.C., 12TH COURT, BANDRA, MUMBAI
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