Final Order 1

Order Details: Order
Pdf Text: IN THE COURT OF JUDICIAL MAGISTRATE (F.C.)
10TH COURT ANDHERI MUMBAI.
C.C.NO. 118/SW/2018
ORDER BELOW EX NO.1
1. Complainant and Ld. Advocate for complainant are absent
when called out. Record shows that the complainant purchased one
room from his cousin for amount of Rs. 10,000/- and he gave the said
room to accused. Thereafter, the said room went for redevelopment and
in returns of that the accused will get the compensation from the
builder. The complainant, his mother and cousin asked the accused to
give share to him. Thereafter, the cousin of informant approached
builder and accused agreed to give share in the property. On
30/03/2010 accused handed over the cheque and asked to encash the
cheque after he will get compensation from builder. Thereafter accused
received compensation of Rs.21 lacs from builder and when the
complainant deposited the aforesaid cheque in his bank, the said
cheque was returned with remark payment stopped. Thereafter, the
complainant came to know that, the said amount was transferred to the
account of accused.
2. As the offences alleged are Sections 406, 420 of IPC it is
necessary to refer Section 405, 415 of IPC. They both are reproduced as
under :
Section 405 of IPC : Criminal breach of trust :
Whoever, being in any manner entrusted with property, or
with any dominion over property, dishonestly
misappropriates or converts to his own use that property,
or dishonestly uses or disposes of that property in
violation of any direction of law prescribing the mode in
which such trust is to be discharged, or of any legal
contract, express or implied, which he has made touching
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the discharge of such trust, or willfully suffers any other
person so to do, commits “ criminal breach of trust”.
Section 415 of IPC : Cheating :
Whoever, by deceiving any person, fraudulently or
dishonestly induces the person so deceived to deliver any
property to any person, or to consent that any person shall
retain any property, or intentionally induces the person so
deceived to do or omit to do anything which he would not
do or omit if he were not so deceived, and which act or
omission causes or is likely to cause damage or harm to
that person in body, mind, reputation or property, is said to
“cheat”.
3. Having noted the essential ingredients of Section 406 and
420 of IPC, it is necessary to go through the allegations levelled against
accused. It is alleged that the complainant has given his room to the
accused and the accused has cheated him by not giving the share in the
said room which he obtained from the builder. Prima facie it seems that
there is dispute between the parties in respect of the share in the room
which is civil in nature. Moreover, there is no document on record to
show that the accused has received amount of Rs.21 lacs from the
builder. Therefore, no offence is made out against accused as alleged.
As the essential ingredients of Section 415 and 405 of IPC are not made
out, it would be reasonable to dismiss present complaint vide Section
203 of the Code of Criminal Procedure. Hence, I pass the following
order:
ORDER
Complaint is hereby dismissed u/Sec. 203 of the Code of Criminal
Procedure.
Sd/-
(S.G.Agrawal)
Judicial Magistrate (F.C.)
Date : 04/11/2025 10th Court, Andheri, Mumbai.
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