Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No.1155/SS/2018
Exh.29
MHMM180071952018
C. C. No.1155/SS/2018
RAMESHKUMAR JAIRAM
JAISWAR Vs. DINESHKUMAR
JAISWAR
IN THE COURT OF THE METROPOLITAN MAGISTRATE, 58TH COURT,
BANDRA, MUMBAI
ORDER BELOW APPLICATION EXH.29
1. This is an application for withdrawal of the complaint, return of
court fees paid by the complainant as the case is abated against the accused.
The complainant seems to have proceeded with the complaint since year 2018
with a hope of getting justice. Unfortunately, the accused reported to be dead
and as such the complainant is withdrawing the case, rather to say the same
came to be closed for abetting the same. No doubt, there are certain
provisions for returning of court fees at particular stages of particular
proceedings. Apart from legal provisions nature of inquiry contemplated
u/sec.138 of The Negotiable Instrument being of Quasi Civil nature, I deem fit
to give benefit of returning of court fees to the extent of 50% to the
complainant looking into voluntary withdrawal. That would not cause any
prejudice to the State or the complainant. Hence, I pass following order.
O R D E R
1) The complaint being withdrawn at preliminary stage,
50% of court fees paid by the complainant be
returned to him as per rules.
2) Order dictated and pronounced in open court.
Mumbai, (M.P.Saraf)
Dated : 13.07.2023. Metropolitan Magistrate,
58th Court, Bandra, Mumbai.
J.O.CodeMH01362
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C. C. No.1155/SS/2018
Exh.29
CERTIFICATE
I affirm that the contents of this P.D.F. file Order are same, word to word as per the
original Order.
Name of Stenographer : Mrs. Aditi Ravikiran Dalvi
Court : Metropolitan Magistrate, 58th Court, Bandra,
Mumbai.
Dictated in open court on : 13.07.2023.
Transcribed and Typed on : 13.07.2023.
Order printed and Signed on : 13.07.2023.
Order Uploaded on : 13.07.2023.
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