Interim Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 137 SW 2021 Ashun Vs Kapil Dev and Ors.
CNR No.MHMM18-005136-2021
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/applicant that he is advocate by profession and member of
society named as Bandra Arcade Premises Co-op. Housing Society Ltd.,
Bandra (W), Mumbai – 400 050. He made complaint against office
bearers and administrator was appointed. The charge was also handed
over after pursuing said order with various authorities. The proposed
accused persons despite having knowledge of the fact that they are no
more office bearers and any authority to transact on behalf of society,
acted as its office bearers and also done financial transaction. Thereby
they committed offence of cheating and criminal breach of trust. 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.
Thus, all the technical aspects are complied with.
4. On perusal of the contents of the complaint it is noticed that though
it is pleaded that accused persons cheated the complainant but the facts
are somewhat lacking for want of sufficient material in support of it.
There are certain documents produced, but those are not enough. Some
additional inquiry in that regard is necessary. 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 public authorities. After some
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C. C. No. 137 SW 2021 Ashun Vs Kapil Dev and Ors.
CNR No.MHMM18-005136-2021
preliminary inquiry 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. The registration of offence and consequent
modalities of investigation have serious consequences. The purpose of
recording verification and scrutiny of documents will serve the purpose.
No case for direction, as prayed for, made out. Therefore, 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 – 18.01.2022 M.M., 12TH COURT, BANDRA, MUMBAI
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