Final Order 3

Order Details: Order Below EX 1
Pdf Text: C. C. No. 145 SW 2022 Jasper Vs
Shree Sant Rohidas SRA CHS and ors.
CNR-MHMM18-010645-2022
FURTHER ORDER BELOW EXH.1
1. Perused record. Heard Ld. Advocate for the complainant.
2. It is the case of the complainant is that he resides at Room No.303,
A Wing, Sant Rohidas S.R.A. C.H.S., Dhorwada, Dharavi, Mumbai. The
respondents/proposed accused persons are office bearers of management
committee. He purchased said flat from other member and for transferring
it in the name of complainant the respondents demanded money.
3. The verification of the complainant was recorded and investigation
under Section 202 of Code of Criminal Procedure, was ordered. The
Investigation Officer carried out thorough investigation and filed report
contending that the allegations are false. The complainant purchased flat
from the persons named as Ratamma Laxman Metri and another one, who
has no authority to enter into such transaction. He owns another flat in the
same society and falsely claimed that he has no knowledge of the
fact/legality of the transaction pertaining to one of the basic requirement
that the S.R.A. flat can not be transferred upto period of ten years, after
it’s acquisition. The Investigation Officer found no substantive evidence
about the alleged demand of money, however, the rules of the society
defines the amount of membership as Rs.50,000/-.
4. The above findings are supported by several documents. Except
oral allegations and the contents of conversation, which are somewhat
vague. There is absolutely no evidence found about the allegations
cheating, provocation and threat. From the material produced and record
of investigation, there found nothing against accused persons from which
the inference of prima facie case to proceed further by taking cognizance
can be drawn. In view of findings of Investigating Officer, the deficiency
of material and other facts and circumstances it is clear that complainant
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C. C. No. 145 SW 2022 Jasper Vs
Shree Sant Rohidas SRA CHS and ors.
CNR-MHMM18-010645-2022
failed to made out any prima facie case of extortion, cheating,
provocation and threat, etc. Hence, order -
ORDER
Complaint is dismissed.
MUMBAI (KOMALSING RAJPUT)
DATE – 14.11.2024 J.M.F.C., 12TH COURT, BANDRA, MUMBAI
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