Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No.537/Misc./2022
Swiz International Pvt. Ltd. V/s. Maneesha and Ors.
ORDER BELOW EXH.1
Read complaint and perused the documents placed on record.
Heard Ld. Advocate Shri Shukla for complainant. The complainant has filed
complaint under section 415, 420 r/w 120 B of the Indian Penal Code,
alleging that, accused have cheated it and availed the loan from complainant
company. It is further alleged that, dishonestly induced to complainant to
deliver the amount and the accused No.10 company shown having the rights
over the film material by name “Queen” agreed to handover the said rights of
the said film. The “Queen” film agreed to be published in other languages
also and the accused No.10 company entered into finance argument with
complainant.
2. It is further alleged that, the accused initially has allotted 95 %
shares of accused No.10 company to complainant. Afterwords the accused
have increased the shares of accused No.10 company and reduced the shares
of complainant company upto 10.56 % in the said company and allotted
88,000 shares to Mr. K. P. Kumaran.
3. According to complainant accused have cheated them and
caused damages. The funds invested by complainant has not been repaid.
Hence, this complainant.
4. The record shows that, in respect of same transaction and in
respect of same film, the F.I.R. also lodged against the complainant, which
was pending in 4th Additional Chief Metropolitan Magistrate, Banglore. In the
said proceeding the Hon’ble Karnataka High Court in Criminal Petition
No.1891/2022 quashed the F.I.R. in crime No.12/2022 only, so far as, it
pertains to the offence punishable under section 420 of I.P.C. The reminder of
the offence so alleged against the petitioner (complainant) are sustained.
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5. Further, it reveals that, after preliminary inquiry by police, on
the complaint made by complainant, the police comes to the conclusion that,
the dispute between complainant and accused is of civil nature, therefore, it
appears that, the police have made inquiry on the complaint made by
complainant to police. The copy of letter dated 19/05/2022 to that effect has
been produced on record by complainant, at Exh.HH along with complaint.
6. Further, it seems that, the complainant has filed on record so
many documents by which he can prove his case. Considering all above
aspects, I am of the opinion that, it is not a fit case for sending it under
section 156 (3) of Cr. P. C. for investigation. Therefore, the prayer to that
effect is hereby rejected. The complainant is at liberty to lead its evidence
under section 200 of Cr. P. C.
Mumbai.
Date : 29/09/2023.
SRD.
Sd/-
(A. B. Jadhav)
Metropolitan Magistrate,
71st Court, Bandra, Mumbai.
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