Final Order 1

Order Details: Order below Ex-1
Pdf Text: IN THE COURT OF THE METROPOLITAN MAGISTRATE,
RAILWAY MOBILE COURT, ANDHERI, MUMBAI
C. C. No. 349 / SW / 2018
Asif Anwar Pawar
Vs.
Mohammed Umar Muslim Choudhari + 1
ORDER BELOW EXH.1
This is a complaint filed under section 406, 420, 504, 506
and 120B read with section 34 of the Indian Penal Code. It is
submitted by complainant that he had entered MOU between him and
accused for carrying business of sale and purchase transaction in real
estate business on January 2013 and accordingly the complainant paid
Rs. 38,57,062/ to the accused. It was agreed between him and
accused that accused will sell the said land which is open plot and by
way of sale whatever profit will be derived from the sale of the land
and same will be distributed equally between the accused and the
complainant. The complainant submits that he has filed copy of
agreement on record, but perusing the record no such copy was filed
by him. The complainant further submits that the accused failed to
gave the title in respect of said land vide MOU January 2013. The
complainant has submits that accused has deliberately cheated him
and deprived him from his title interest from the said property situated
at Vasai which comes under District Thane. The complainant was
directed to argue on jurisdiction of this court, but despite of giving
opportunity, the complainant and his advocate unable to assign any
reason showing jurisdiction of this court to continue with the
complaint. Even jurisdiction of this court is not mentioned anywhere
in the complaint. This court has no jurisdiction. This court is not
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competent to take cognizance in this case. In the result, the complaint
is return to the complainant to present it in proper court under section
201 of the Code of Criminal Procedure Code.
(N. V. Bansal)
Metropolitan Magistrate,
Railway Mobile Court,
Date : 14/09/2022 Andheri, Mumbai.
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