Final Order 1

Order Details: Order below Ex-1
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE
66TH COURT, ANDHERI, MUMBAI
C.C. NO. 517/SW/2018
Geeta Aluminium Co. Pvt. Ltd. ... Complainant
v/s.
Kamlesh Jaiswal ... Accused
ORDER BELOW EXH.1
1. Perused complaint and documents filed on record. Read
verification of complainant at Exh.4. Heard Ld. Advocate Shri Ravindra
Tandekar for complainant. It is a case of complainant that complainant
company is engaged in business of Sale, Supply and Distribution of
Aluminium Sliding Doors and Windows and other related items and
accessories. Accused is Proprietor of Ashsih Aluminium & Glass. Some
transactions in between the complainant company and accused took
place earlier. Complainant company gave the goods of worth Rs.10
lakhs to accused. However, accused gave only Rs.5.75 lakhs to the
complainant company. He has not paid remaining amount to the
complainant company till today. Thus, complainant company issued
legal notice to him. He threatened dire consequences to the
complainant. Therefore, complainant company was constrained to file
present complaint.
2. After hearing the argument advanced on behalf of
complainant, I have gone through the documents available on record.
Prima facie, transaction in between the accused and complainant
company appears to be of civil nature. Complainant company can
proceed against accused for recovery of money as civil law. Therefore,
I find no cognizable offence in the complaint as contended by the
complainant company. Thus, I find no sufficient grounds for proceeding
further against the proposed accused. Thus, present complaint needs to
be dismissed. In this view of matter, I proceed to pass the following
order:
-- 1 of 2 --
O R D E R
1. Complaint stands dismissed as per Section 203 of Code of
Criminal Procedure.
2. Proceeding be closed.
Date : 23/12/2019 (Bhagawat T. Zirape)
Metropolitan Magistrate
66th Court, Andheri, Mumbai
-- 2 of 2 --