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Final Order 1

CNR MHMM19003734201804 Oct 2021
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Final Order 1 · 04 Oct 2021 · CNR MHMM190037342018

Order Details: Order below Ex-1
Pdf Text: 323/MISC/2018
ORDER BELOW EXH.1.
The complainant has filed this complaint for the offences
punishable U/Sec.406 & 420 r/w 34 of IPC. Heard the Ld Advocate for
the complainant. After passing order of inquiry U/Sec.202 of CrPC,
concern police has filed report U/Sec.202 of CrPC and submitted that
the dispute is of civil nature, therefore, no cognizance has been taken
against the accused. The complainant has filed written argument and
Protest petition and prayed to reject the report filed by the police and
accused may kindly be punished. The Ld advocate for the complainant
vehemently argued that there are sufficient grounds to issue process
against the accused. But the contents of complaint, documents on
record and report filed by the concern police shows that the transaction
between complainant and accused is of Civil nature. Therefore Protest
petition filed by the complainant is not acceptable & the report filed by
police U/Sec.202 of CrPC is accepted. Therefore, considering the above
discussion, I come to the conclusion that there is no sufficient grounds
to proceed further against the accused. Hence I pass following order :
ORDER
1. The complaint is dismissed as per Sec.203 of the CrPC.
2. Proceeding is closed.
Sd/
Dt. 04.10.2021 (C.P. Kashid)
Metropolitan Magistrate
65th Court, Andheri, Mumbai
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