Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 102 SW 2021 Raja Vs Haza Qureshi
CNR - MHMM18-003955-2021
ORDER BELOW EXH.1
1. Perused record. Complainant absent. On his behalf Ld. Advocate
Miss Roshani Soni, present.
2. The present matter is fixed for passing order on prayer for issuing
direction to investigate the matter as per Section 156(3) of Code of
Criminal Procedure. However, inadvertently on 26.02.2024, some order
has been uploaded in C.I.S. It is directed to be removed from C.I.S.
3. So far as merits of the matter are concerned, it is the case of the
applicant that he entered into certain transactions with the proposed
accused persons to sell meat and paid huge amount, as mentioned in the
application. Despite that proposed accused persons failed to honour the
contract and thereby defrauded him.
4. The alleged offences are cognizable in nature. The compliance of
Section 154(2) is done. The application is also supported by affidavit. It
means all the technical aspects are complied with.
5. It is noticed after going through the record that all the evidence is
mainly of documentary nature, either in custody of applicant himself or
public authorities. As such without ordering investigation it can be
collected.
6. If any need of additional evidence is felt, the investigation can be
ordered under Section 202 of Code of Criminal Procedure for collection
of such evidence. The order of investigation under Section 156(3) of
Code of Criminal Procedure and consequent registration of offence is
having serious consequences. Majority of the allegations are of civil
nature as it is clear that there is some dispute going on between the parties
on account of money transaction. As such recording of verification will
serve the purpose, accordingly following order -
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C. C. No. 102 SW 2021 Raja Vs Haza Qureshi
CNR - MHMM18-003955-2021
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 – 09.10.2024 J.M.F.C., 12TH COURT, BANDRA, MUMBAI
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