Final Order 1

Order Details: Copy  of Judgment
Pdf Text: 1 C. C. No. 1756 / PW / 2018.
C/S filed on : 02.07.2018.
Decided on : 25.09.2019.
Duration : 1 Y, 2 M & 23 D
Exh. 9.
IN THE COURT OF THE METROPOLITAN MAGISTRATE,
10TH COURT, ANDHERI, MUMBAI.
(PRESIDED OVER BY R. R. KHAN)
(a) The serial number of the
case.
: C. C. No.1756 / PW / 2018.
(b) The date of the commission
of the offence.
: During the period from
06.03.2017 till 08.11.2017.
(c) The name of the Informant. : The State (Jogeshwari Police
Station in C. R. No.159/2017)
(d) The name of the accused
person and his parentage
and residence;
: Piyush Shyam Nandwani,
Age : 38 years, Occ :
Res : Andheri (W), Mumbai.
(e) The offence complained of : Under sections 406 and 420
of the Indian Penal Code.
(f) The plea of the accused and
his examination.
: The accused pleaded not
guilty.
(g) The final order : The accused is acquitted.
(h) The date of such order : 25.09.2019.
(i) Brief statement of reasons : As recorded herein below.
Assistant Public Prosecutor : Shri P. S. Sapkale.
Advocate for the accused : Shri S. S. Gandhi.
JUDGMENT UNDER SECTION 355 OF THE CODE OF CRIMINAL
PROCEDURE.
The accused is facing trial for the offences punishable under
sections 406 and 420 of the Indian Penal Code.
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2 C. C. No. 1756 / PW / 2018.
2 In order to prove the guilt of the accused, prosecution has
examined only one witness. The evidence of PW1 Nikhil
Himmatlal Gandhi at Exh.6 came to be recorded. As no
incriminating evidence has come on record against the accused,
hence, his statement under section 313 of the Code of Criminal
Procedure is dispensed with. I have heard Shri P. S. Sapkale, Ld.
APP for the State and Shri S. S. Gandhi Ld. Advocate for the
accused at length. I have perused the evidence on record very
minutely and carefully.
3 In so far as evidence on record is concerned, PW1 Nikhil is
the informant and aggrieved of this case. He has not supported the
case of prosecution. Per contra, he has denied the incident of
cheating. He has also filed a pursis at Exh.7 quoting therein that he
has settled the matter with the accused and he do not want to
proceed with the case against the accused. Hence, in view of non
support of this most relevant witness, the allegations leveled
against accused cannot be proved in any manner. Hence, I am
satisfied to acquit the accused by passing following order
O R D E R
i Accused Piyush Shyam Nandwani is
acquitted of the offences punishable under sections
406 and 420 of the Indian Penal Code vide Sec.
248 (1) of the Code of Criminal Procedure.
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3 C. C. No. 1756 / PW / 2018.
ii Bail bonds of the accused stand cancelled.
iii The accused shall furnish bonds of
Rs.10,000/ under section 437(A) of the Code of
Criminal Procedure.
Sd/
Dt. 25.09.2019. (R. R. Khan)
Metropolitan Magistrate,
10th Court, Andheri, Mumbai.
Sat.
Dictated on : 25.09.2019.
Transcribed on : 25.09.2019.
Signed on : 25.09.2019.
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