Final Order 1

Order Details: Order below Ex-1
Pdf Text: IN THE COURT OF ADDITIONAL CHIEF METROPOLITAN MAGISTRATE
22nd COURT, ANDHERI, MUMBAI.
ORDER BELOW EXH-01 IN C.C. NO.153/SW/2018
1. Heard complainant. The complainant has given his
statement before the Court on oath vide Exh-03, stating that as he was
employed in the Air India as ‘Senior Flight Pursur’, he faced
Departmental Enquiry on the count of misappropriation of funds of
company, to counter the allegation he took a stand that he is prepared
to pay the arrears to the company, provided the company settled his
account.
2. He further testified that even in a writ petition No.
1606/2013, the Hon’ble High Court observed that the company has
wrongfully withheld the arrears. It has further come in his evidence that
though the company has settled account with him, but failed to pay
interest. Therefore, he is seeking criminal action.
3. On going through the verification statement of
complainant, hardly there is any reason to invoke penal section against
accused. Even the title cause of the complaint shows that he has
arrayed as many as 21 accused in the case, without there being any
averments disclosing their specific roles in the commission of alleged
offence. Recovery of interest from the company is the sole grievance of
the complainant as apparently seen from his verification statement for
which he can seek remedy before Civil Court. There is hardly any
reason to invoke penal action against accused. The complaint lacks
merit, accordingly dismissed u/s. 203 of Cr.P.C.
Sd/-
Date:- 21.01.2025
(J. W. Gaikwad)
Addl. Chief Metropolitan Magistrate,
22nd Court, Andheri, Mumbai.
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