Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 225 SW 2019 S.B.I. Vs Murlidhar & Ors.
CNR - MHMM18-008209-2019
ORDER BELOW EXH.1
1. Perused record. Heard Ld. Advocate for the applicant/complainant.
2. This is an application filed under Section 156(3) of Code of Criminal
Procedure, seeking direction to register the offence and investigate the matter
through police or in the alternative seeking direction to investigate the matter.
3. It is the case of the applicant/complainant that it is a bank, Accused
No.1, by suppression of certain facts and misrepresentation obtained loan from
it on the basis of forged documents. Further, other accused persons aided him in
doing this illegal act.
4. The alleged offences are cognizable in nature. The compliance of 154(3)
is done. Application is supported by affidavit. Thus, the basic legal
requirements are satisfied.
5. The only question then remains which prayer needs to be allowed. The
major evidence constitutes evidence of documentary nature. All the documents
are already in custody of the complainant. The complainant is a public sector
bank and the witnesses are also public officers. In such a situation, at this
juncture I am of the opinion that there is no need to issue direction to register
offence under Section 156(3) of Code of Criminal Procedure. The recording of
verification and consideration of these documents for proceeding further will
serve the purpose. If, need of collection of any other additional evidence felt it
can be done by ordering investigation under Section 202 of Code of Criminal
Procedure after recording verification of the complainant's witnesses.
Therefore, order -
ORDER
A. The prayer to register the offence and investigate it as per Section 156(3)
of Code of Criminal Procedure is rejected.
B. Matter is kept for recording verification of the complainant.
Sd/-
MUMBAI (KOMALSING RAJPUT)
DATE – 12.10.2021 M.M., 12TH COURT, BANDRA, MUMBAI
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