Final Order 1

Order Details: Order Below EX 1
Pdf Text: MHMM180084402019
Summons Cases SS/5801211/2019
M/s. Nikhil Enterprises Vs. M/s. Ruby Faishan
IN THE COURT OF THE METROPOLITAN MAGISTRATE, 58TH COURT,
BANDRA, MUMBAI
ORDER BELOW EXH.01
The complainant absent since so many dates. Advocate for
complainant also absent. After filing verification statement on oath in the
year 2020 alongwith complaint, the complainant has not turned up before
the court for recording and verifying the complainant on the point of his
verification statement.
2. The accused is not residing within jurisdiction of this court.
Complainant has filed affidavit of verification statement but not taken any
steps to satisfy how this court has jurisdiction to try the case wherein the
accused is not residing within its jurisdiction. There is nothing on record to
conduct the inquiry under section 202(1) of Code of Criminal Procedure by
the Magistrate. This is not the fit case wherein inquiry or investigation is to
be ordered by the Police officer.
3. There is no sufficient material on record to held inquiry under
section 202 of Code of Criminal Procedure. There are no sufficient grounds
for proceeding against the accused with the complaint on available material
on record. Keeping the file pending years together without proceeding
further by the complainant is unjustified. Hence, I pass following order.
ORDER
1. Complaint is dismissed under section 203 of Code of Criminal
Procedure.
2. Proceeding stands closed.
3. Order dictated and pronounced in open court.
Mumbai, (M. P. Saraf)
Dated : 26.04.2024. Metropolitan Magistrate,
58th Court, Bandra, Mumbai.
J.O.Code-MH01362
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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 : 26.04.2024.
Transcribed and Typed on : 26.04.2024.
Order printed and Signed on : 26.04.2024.
Order Uploaded on : 26.04.2024.
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