Interim Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 130 SW 2022 Vijay Vs Imran
CNR No.MHMM18-009153-2022
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 alleged that accused borrowed money from the complainant for
purchasing X-Ray machine. He also promised to sell his land to
complainant. The cheques issued by him for repayment were also
dishonored. Therefore, complainant initially approached police, but as no
action taken filed this complaint/application. Majority of the offences and
their ingredients reflect that evidence can be produced in the court itself
by applicant himself. If any need is felt regarding additional evidence, the
investigation can be ordered under Section 202 of Code of Criminal
Procedure. As such recording of verification will serve the purpose.
Therefore, 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 – 02.02.2023 M.M., 12TH COURT, BANDRA, MUMBAI
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