Interim Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 102 SW 2022 Althea Vs Mukta and anr.
CNR No.MHMM18-006748-2022
ORDER BELOW EXH.1
1. Perused record. Heard Ld. Advocate for the complainant.
2. This is an application under Section 156(3) of Code of Criminal
Procedure, seeking direction to register the offence against the
respondents and carry out investigation in the alleged acts.
3. The application is supported by affidavit. Compliance of Section
154(2) done. Certain offences are cognizable in nature. Thus, the basic
requirements are satisfied.
4. It is alleged that accused persons applicant/complainant entered
into agreement/lease with the proposed accused persons and come in
possession of certain properties to running her business of fitness. While
doing so in consideration of said transaction, she provided multiple
securities, such as security deposit, post dated cheques, etc. Later on
certain disputes occurred on account of payment and accused persons
initiated proceedings under Section 138 of Negotiable Instruments Act.
Applicant/complainant contended that accused persons used coerciveness,
for recovery of amount. They had not acted as per terms of contract.
Further, they forcefully without her knowledge taken away valuable gym
items, etc. therefore, she initially approached police, also served notice on
the accused persons, but no action taken, hence this complaint.
4. Majority of the alleged transactions are of civil nature. The disputes
about the payments already going on between the parties. The action
sought for is having serious consequences. Before ordering any
investigation the assertion of all the allegations is essential. The material
produced is deficient. Further, the evidence is mainly of documentary in
nature. It is already in custody of applicant/complainant. If any need is
felt regarding additional evidence, the investigation can be ordered under
Section 202 of Code of Criminal Procedure. Therefore, I am of the
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C. C. No. 102 SW 2022 Althea Vs Mukta and anr.
CNR No.MHMM18-006748-2022
opinion that rather than directly ordering investigation, before proceeding
further, the recording of verification will serve the purpose, hence order -
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 – 09.01.2023 M.M., 12TH COURT, BANDRA, MUMBAI
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