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. 356 / SW / 2018
Asif Anwar Pawar
Vs.
Mohammed Umar Muslim Choudhary + 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 lended friendly loan for payment to
the real owner of the land at Pelhar, Survey No.293, survey no. 90,
survey no.92 and survey no.94 house mentioned in para no.3 of the
complaint. It was agreed between him and accused that accused have
agreed to return the amount of Rs.1,50,00,000/ by mode of
Rs.1,00,000/ per guntha i.e. Rs.2,80,00,000/ on or before
16/05/2008 and accordingly agreement was registered on
13/06/2007. 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 he has paid amount to
the accused. The complainant further submits that the complainant
approached to the accused for returning amount of Rs.8,40,00,000/
which was agreed to return on or before 15/11/2017. The
complainant has submits that accused has deliberately cheated him
and deprived him from his title interest of the said property situated at
Vasai which comes under District Thane. The complainant submits in
para no.11 of the complaint that the accused allegedly created third
party right in respect of the said land. The complainant has submits
that accused has deliberately cheated him and deprived his right,
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share, title, interest claim etc in the properties. 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
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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