Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 120 SW 2021 Dineshkumar Vs Dharavi P.S.
CNR - MHMM18-004592-2021
ORDER BELOW EXH.1
1. Perused record. Heard Ld. Advocate of the complainant/applicant.
2. 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
complainant that he agreed to purchase the flat from the accused persons
and substantial amount was paid by him in consideration of the said
transaction. The written document was also prepared and receipts were
also issued acknowledging the payment. But, as additional amount to be
paid towards consideration through loan was not sanctioned the
transaction fail. The applicant/complainant demanded back his amount
but accused persons refused to pay it. They are threatening him and it is
clear that they will not return it back. The complainant was cheated and
hence he approached police, but no action taken and hence, complainant
prayed for registration of offence as per Section 156(3) of Code of
Criminal Procedure and its investigation.
3. 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.
4. On perusal of the contents of the complaint it is noticed that the
pleadings to constitute the offence of cheating are somewhat deficient. No
doubt it is pleaded that accused persons cheated the complainant but the
facts are lacking to constitute to element of intention to defraud. The
pleadings are of somewhat civil nature attracting liability for breach of
contract. Some additional inquiry in that regard is necessary.
5. Further, the nature of the transaction is such that main witnesses are
complainant himself and public servants. So also those are based mainly
on documentary evidence which is in custody of either complainant or
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C. C. No. 120 SW 2021 Dineshkumar Vs Dharavi P.S.
CNR - MHMM18-004592-2021
public authorities. In the alternative if need of any additional documents
is felt it those can be collected by ordering investigation as per Section
202 of Code of Criminal Procedure and as such 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 – 06.01.2022 M.M., 12TH COURT, BANDRA, MUMBAI
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