Final Order 1

Order Details: Copy of Interim Maintenance Order
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IN THE COURT OF METROPOLITAN MAGISTRATE,
32ND COURT, BANDRA, MUMBAI.
C.C. No. 142/SW/2018
CNR No. MHMM180071092018
ORDER BELOW EXH1
1. Perused complaint, verification, statement of the
complainant and report of investigation vide section 202 of Cr.P.C. at
Exh3.
2. It is not in dispute that the accused had borrow a loan.
Cases under section 138 of the Negotiable Instrument Act have been
filed against them by the complainant. Those complaints are subjudiced
with the court No.58, Bandra (E), Mumbai. On the alleged day of
incident, both the accused and complainant were present in the court.
The complainant alleged that the accused persons called him outside the
court saying that they were going to make payment to him and
assaulted him followed by threatening to withdraw the cases. The
investigation report shows that the accused Shruti Chavan had already
lodged report against the complainant for assault and threatening
bearing NC No.970/2018 on the same day of incident. The complainant
seen to have lodged this complaint and report to the police after delay
of three months. There is no explanation for said delay. The
complainant and advocate even found absent since after receipt of
report of investigation and not argued the complaint. Thus, complainant
seen to have accepted the report of investigation. In view of this, the
report of investigation being not disputed, the complaint might have
been lodged to counter the NC lodged by the accused against the
complainant. Thus, no grounds made out to proceed further.
Accordingly complaint dismissed vide section 203 of Cr.P.C.
Sd/
Date: 10.07.2019 (Sudhir N. Shinde),
Ssl. Metropolitan Magistrate, 32nd Court,
Bandra, Mumbai.
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