Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 115 SW 2024 Ulta Life Spaces Vs Mr. Adnam and ors.
CNR-MHMM18-009413-2024
ORDER BELOW EXH.1
1. Perused record. Heard Ld. Advocate for the complainant.
2. This is an application under Section 175(3) of Bharatiya Nagarik
Suraksha Sanhita, 2023, for short B.N.S.S., 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
173(4) of B.N.S.S., also done. The offences alleged are of cognizable
nature. Thus, all the basic requirements are satisfied.
4. The summary of the allegations is that the complainant is a private
limited company having it’s office at the address, 81, Aureate, Jamat E
Jamooria C.H.S., Bandra West, Mumbai – 400 050. It runs various
businesses including providing film shooting spaces and other amenities
for the same, at the said place. The company has appointed Respondent
No.1, as it’s Deputy General Manager, having his office on the 5th Floor
of the said building. In such capacity the maliciously and slyly found
loopholes in functioning of the company. Respondent No.1, gained
confidence of senior officers of the company. For taking undue advantage
of such loopholes of the company with the help of other accused persons,
in connivance with them established another company named as M/s.
Naad Enterprises.
All the accused persons for committing fraud on company used
account of M/s Naad Enterprises and siphoned off funds of complainant
company and then transferred those funds in their accounts and the
accounts of their close relations.
The company suspected their behavior and conducted internal
inquiry. During this internal inquiry it is revealed that Respondent Nos.1,
2 and 7, are collage friends. They established Naad Enterprises and
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C. C. No. 115 SW 2024 Ulta Life Spaces Vs Mr. Adnam and ors.
CNR-MHMM18-009413-2024
registered it. Respondent Nos.3 to 10, credited various amounts to be
received by complainant/applicant company from it’s clients in
consideration of services provided by it. They individually benefited from
the said fraud and cheated the complainant/applicant company. The
various detailed incidence are narrated in application contending how the
payments earned by applicant company from it’s several activities such as
shooting, providing parking spaces, etc. were paid to the respondents.
Between year 2021 to year 2023, applicant company generated crores of
rupees through revenue from shooting rent which was supposed to be
credited to it’s account. Several irregularities also suspected to be done by
respondents. Respondent No.1, however, with the aid of other accused
persons defrauded the applicant company and cheated it to the tune of
crores of rupees.
The applicant company approached Bandra Police Station and it’s
senior officers by lodging report. It also submitted documentary evidence,
but no purpose served. Therefore, after taking so many efforts the present
application has been filed before this court seeking direction to register
the offence and investigate the matter realizing that such direction is
necessary.
5. The notice was issued to concerned police station, but no reply
filed. Therefore, Ld. Advocate for the applicant was heard at length. It is
also noticed that no such reply of concerned police station is necessary,
under B.N.S.S., as well. The submissions of the Ld. Advocate for the
applicant are in tune with contentions of the applicant.
6. After going through the contents of the complaint the documents
produced it is clear that all the respondents were serving with the
applicant company. The various other documents, particularly, bank
statement of Naad Enterprises, shows that from time to time several
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C. C. No. 115 SW 2024 Ulta Life Spaces Vs Mr. Adnam and ors.
CNR-MHMM18-009413-2024
amounts transferred to it’s account, which collectively turned out to be
huge amount. The bank statements of other respondents show that to their
accounts several amounts were transferred amongst all the respondents
interse and the Naad Enterprises. All those amounts were received and
withdrawn by respondents during their service with the applicant
company.
7. The total amount involved is very high. There are so many
transactions took place, from the stage of appointment of the Respondent
No.1, by the applicant company upto the appointment of other persons
and registration of a separate company by them upto the stage of several
transactions. The nature of the allegations and these aspects needs to be
thoroughly interrogated which involves collection of huge oral and
documentary evidence. The search of money trail and thorough
interrogation also seems necessary. Considering huge stake involved, wide
ambit of investigation and the above observations, the application needs to be
allowed and hence, following order-
ORDER
A. Application is allowed.
B. The P.S.O. Bandra Police Station, Bandra, Mumbai, is herewith directed
to register the offence under Sections 403, 406, 408, 411, 419 and 420 r/w.34
of Indian Penal Code and investigate the matter as per Section 175(3) of
Bharatiya Nagarik Suraksha Sanhita, 2023.
C. The certified copy of the application Exh.1 along with all the documents
produced shall be sent to concerned police station.
D. Application is disposed off.
MUMBAI (KOMALSING RAJPUT)
DATE – 17.08.2024 J.M.F.C., 12TH COURT, BANDRA, MUMBAI
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