Final Order 1

Order Details: Order below Ex-1
Pdf Text: Order below Exh.1 in 294/MISC/2018
1. The complainant has filed this complaint for the offences
punishable U/Sec.403, 406 & 420 of IPC. My Ld Predecessor had
passed the order of investigation U/Sec.202 of CrPC. Vileparle
police station has filed its report U/Sec.202 of CrPC & submitted
that prima facie the offence is not committed in the jurisdiction of
Vileparle police station as the spot of incident is at Noida,
Gaziabad, Uttar Pradesh. The complainant has filed his Protest
Petition against said report. The complainant has submitted that
the accused was appointed at the head office of company of
complainant at Vileparle. He further submitted that the salary, all
expenses, conveyance etc goes from Mumbai to the accused and
accused had reported at Mumbai about his day to day working. He
further submitted that as per appointment letter, the jurisdiction to
raise dispute is also at Mumbai, therefore, this Court has territorial
jurisdiction to entertain said complaint as per Sec.181(4) of CrPC.
At last, the complainant submitted to reject police report and to
pass order of issue process against the accused.
2. I perused the contents of complaint, verification and
documents on record. Prima facie, it appears that accused was
appointed by the complainant company by issuing appointment
letter which was given by the head office of complainant company
situated at Vileparle, Mumbai. Moreover, tax invoices filed by the
complainant shows jurisdiction to raise dispute is also at Mumbai.
Terms and conditions mentioned in Tax invoices also shows that
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payments are to be made by cheque of HDFC bank and State Bank
of India, branch at Vileparle, Mumbai. Under these circumstances,
report filed by Vileparle police station is not liable to be accepted.
Therefore, considering contents of complaint and documents on
record, primafacie it appears that there are sufficient grounds to
proceed against the accused for the offences punishable U/Sec.403,
406 & 420 of IPC. Hence, I pass following order.
ORDER
Process be issued against the accused for the offences
punishable U/Sec.403, 406 & 420 of IPC. Case be registered as
Warrant Case.
Sd/
(C.P. Kashid)
Metropolitan Magistrate
Dt.13.10.2021 65th Court, Andheri, Mumbai.
ask
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