Order 1

Order Details: Order Below EX 1
Pdf Text: CNR NO.MHMM18-008181-2022 C. C. No.360/MISC/2022
ORDER BELOW EXH.1
Read complaint. Perused documents placed on record. Heard
Ld. Advocate Shri Dhanuka for the complainant.
2. According to complainant in the year 2010, accused entered
into an agreement in respect of Survey No.10/A and 154/B of village
Choyarsi, Dist. Gujrath and agreed to give 50% shares in their company
and also agreed to give10,000 shares out of 20,000 shares of accused No.1
company. In pursuant to the said agreement the complainant in the year
2010 given I.Six crore to accused. In the year 2016-17 accused also gave
another proposal and induced the complainant to deliver amount of
I.13,30,00,000/-. However, as agreed the accused persons despite of
request of several times filed to execute the agreement in respect of the
transaction of the year 2016-17. it is further contended that, the accused
instead of purchasing the agricultural land as agreed by the funds of
complainant amount of I.9,00,00,000/- has been transferred in the name
of Smt. Naya Gami.
2. It is further contended that, six mortgaged plots with
complainant company have been transferred by the accused persons,
without consent of the complainant by way of executing agreement to sale
and received amount of I.6,25,00,000/- from the said transaction. Thus,
according to complainant accused persons induced the complainant
company to deliver the huge amount and misappropriated the said
amount. Hence, this complaint.
3. Ld. Advocate Shri Dhanuka submits that, surprisingly in
Anticipatory Bail Application Economic Offences Wing (EOW) supported
to the version of complainant and latter on they closed the file by coming
to the conclusion that, the dispute is of civil nature. Accused persons have
cheated the complainant company. The detail investigation by police is
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CNR NO.MHMM18-004645-2024 C. C. No.113/MISC./2024
necessary. Lastly, he prayed that, matter be sent for investigation to police
as per provision of 156 (3) of Code of Criminal Procedure.
4. I would like to state here that, in the matter the EOW has
conducted the inquiry and comes to the conclusion that, the dispute is of
civil nature. I would like to state here that, the entire complaint and
allegations made in are based on the documents which are in possession
of the complainant. Therefore, the complainant can make out the case by
leading his evidence. further, the compliance of 154 (3) of Cr. P. C. i.e. the
copy of complaint has not been given to R.P.A.D. to The Commissioner of
Police or to The Superintendent of Police. Already the preliminary inquiry
has been carried out by EOW, in such circumstances I am of opinion that,
no case made out for sending the same for investigation under section
156(3) of Cr. P. C. Therefore, the prayer to that effect is hereby rejected.
The complainant shall lead his evidence under section 200 of Code of
Criminal Procedure.
Place : Mumbai.
Date: 02/01/2025.
SRD.
Sd/-
(A. B. Jadhav)
Judicial Magistrate, (First Class),
71st Court, Bandra, Mumbai
Dictated on :- 02/01/2025.
Transcribed on :- 02/01/2025.
Checked on :- 02/01/2025.
Signed on :- 02/01/2025.
SRD
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