Interim Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 236 SW 2019 Roshan Vs Maharukh and anr.
CNR-MHMM18-007640-2019
Below Exh.1
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 case of the applicant that her sister Khorshed Manekar Gotla,
died intestate on 22.06.2016 at Mumbai. She was holding various assets
in the form of equities/shares and mutual fund folio and Demat Account
with Accused No.2, company. Accused No.1, shown as nominee to some
of the shares and investment made by deceased sister of applicant.
Applicant informed about the demise of her sister to Accused No.2,
company, and hence, it directed the applicant to obtain succession
certificate. Therefore, a letter of administration was granted in favour of
applicant on 10.07.2018. Thus, Accused No.2, have no authority to deal
with assets of deceased sister of applicant. Such intimation was also given
by applicant to Accused No.2, company. Then certain correspondence
took place between both the parties and it is informed that Accused No.2,
company transferred shares and securities of the sister of applicant in the
name of Accused No.1, Maharukh Dosabhai. Thus, they caused loss to
the applicant by shaking hands to defraud the applicant. Applicant
approached police and other authorities, but no purpose served. Hence,
she approached this court.
5. The record reflects that majority of the evidence is of documentary
nature, which is either mainly in custody of applicant or public
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C. C. No. 236 SW 2019 Roshan Vs Maharukh and anr.
CNR-MHMM18-007640-2019
Below Exh.1
authorities. Applicant can enter into witness box for verification and can
also produce said evidence. If need of any additional evidence is felt, it
can be collected by ordering investigation under Section 202 of Code of
Criminal Procedure. As such recording of verification will serve the
purpose. No case of ordering investigation under Section 156(3) of Code
of Criminal Procedure made out, hence, following 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 – 03.08.2022 M.M., 12TH COURT, BANDRA, MUMBAI
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