Full Order Text
Order 1 · 09 Jan 2023 · CNR MHMM180067482022
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 -- 1 of 2 -- 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 -- 2 of 2 --