Final Order 2

Order Details: Order Below EX 1
Pdf Text: Court Case No. 85/SW/2022
ORDER BELOW EXH.1
This is complaint case, wherein, complainant alleged that,
accused No.3 is owner of house i.e. Flat No.212-A, Kalptaru Building,
Dharavi. Complainant orally agreed to purchase said flat from accused
No.3 for consideration amount of Rs.30,00,000/-. Out of Rs.30,00,000/-,
he paid Rs.5,00,000/- to accused No.3 and agreed to pay remaining
amount in future. It is alleged that, complainant paid remaining amount
through accused No.1 and one person by name Sandeep who is nephew
of the accused No.3, through online mode. But, after full payment of
consideration amount, when eviction notice from SRA came that time
complainant came to know that, instead of transferring the said flat to
complainant, the accused No.3 has transferred said flat to accused No.1,
and accused No.1 transferred said property to Shraddha Vankhas.
Therefore, complainant says that, he has been cheated by the accused.
2. I have heard complainant, as well as, his advocate and has also
gone through police report under section 202 of Cr.P.C. It has been
informed by the complainant that, the civil suit for ownership regarding
said flat is filed by complainant before the Hon’ble City Civil Court. So
also, eviction notice of SRA is challenged before Hon’ble High Court.
3. The advocate for the complainant submitted that, though
complainant has filed the civil proceeding, still, the act of accused
attracts the criminal offences and he prayed for taking criminal action
against the accused.
4. I have gone through the complaint papers and police report
under section 202 of Cr.P.C. Police report shows that, money transaction
in between accused and complainant took place regarding sell of said
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Court Case No. 85/SW/2022
flat. The case papers of this case shows that, this case falls in the
category of civil dispute which is already pending. The appropriate
remedy to the complainant is to pursue the civil remedy. In view of this,
this complaint is dismissed under section 203 of Cr.P.C.
MUMBAI (R. T. Ingle)
DATE – 29.06.2026 J.M.F.C., 12TH COURT, BANDRA, MUMBAI
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