Final Order 1

Order Details: Order below Ex-1
Pdf Text: IN THE COURT OF ADDITIONAL CHIEF METROPOLITAN MAGISTRATE
22nd COURT, ANDHERI, MUMBAI.
C.C. NO. 272/SW/2021
The Drive India Enterprise Solutions Limited
(DIESL)
... Complainant
V/s.
1) M/s. Starconn Mobility Private Limited &
others.
... Accused
ORDER PASSED BELOW EXH1
1. Perused complaint and documents filed on record. Heard
counsel for the complainant at length.
2. At the outset, there is distributorship agreement between
accused No.2, company and complainant company, which was signed
by accused No.4 as authorised signatory, wherein it was agreed that
complainant would act as National distributor for selling and
distribution of products of 'Swipe' brand in India. The said agreement is
at AnnexureC.
3. The complainant also imported SKD as instructed by
accused No.2 on High Seas Sale basis and they were sold to accused
No.1 and other manufacturing partners, identified by accused No.2 who
had agreed to sell finished goods to complainant. Such arrangement
happens smoothly till 2016, but later accused No.2 started defaulting
their obligations, as agreed.
4. Then there is an agreement between accused No.2 and
complainant in the form of M.O.U. dated 25.04.2018, wherein the
accused No.2 agreed and acknowledged that it owed the complainant
company an amount to the tune of Rs. 12.94 Crores and had agreed to
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provide them with lease of their property situated at Chakan near Pune,
but they surrendered their lease rights to the landlord and thereby
causing wrongful loss to the complainant company.
5. In the opinion of this Court, there is enough documentary
evidence provided by the complainant to show that accused Nos. 1 to 4
have induced the complainant to enter into transaction which they did
not intend to fulfill and thereby dishonestly induced the complainant to
advance money upon the faith of such transaction, to be carried out by
them. Therefore, complaint reveals primafacie an information relating
to the commission of an offence which is cognizable, hence, it is
necessary that such offence be investigated by the police. Matter be sent
for investigation to M.I.D.C. Police Station U/Sec.156(3) of Cr.P.C. on
due P.F. The concerned police station to register the F.I.R. immediately
first, then, complete the investigation and file final report in this case.
The matter is disposed off.
Date:12.10.2021
Sd/
(A. A. Panchbhai)
Addl. Chief Metropolitan Magistrate,
22nd Court, Andheri, Mumbai.
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