Final Order 1

Order Details: Order of Dismissal
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
66TH COURT, ANDHERI, MUMBAI.
C.C. No. : 148/SW/2018
ORDER BELOW (EXH.1 )
Read the complaint, documents filed alongwith
complaint. Heard Ld. counsel for complainant, at length.
2. Ld. counsel for complainant argued that, agreement
of leave and licence dtd. 02/07/2012 and 05/012/2014 was
executed in between complainant and accused. In lieu of that
amount of `.2,00,000/ towards security deposit was given to
the accused in assurance that same will be paid after expiry of
the agreement. In lieu of contents enumerated in leave and
licence agreement after expiry of same complainant the alleged
accused retained `.75,000/ with him and handed over rest
amount to the complainant. He further argued that the
complainant from time to time issued notice to the accused in
that regard, but of no use. He made complainant with concern
police station in spite of no cognizance was taken and therefore
present complaint.
2. If considered the argument advanced by the Ld.
Counsel for complainant, perusal of leave and licence agreement
and the allegations made against the accused, it appears that,
the dispute in between parties is of civil in nature, no offence as
alleged by the complainant against the accused is made out, so
as to direct concern police station to investigate U/Sec. 156 (3)
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of Criminal Procedure Code, therefore, the complaint required
to be dismissed, hence, it is dismissed.
Mumbai.
Dated : 06/02/2019.
SRD.
Sd/
(R. M. Nerlikar)
Metropolitan Magistrate,
66th Court, Andheri, Mumbai.
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