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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH
M. M. NERLIKAR
Jain Real Estate Builders – Appellant
Versus
Parag Prakash Banthia – Respondent
| Table of Content |
|---|
| 1. case facts establish a dispute involving land sale and allegations of fraud. (Para 2 , 3) |
| 2. arguments presented regarding the nature of the dispute and affidavit necessity. (Para 5) |
| 3. court observations on the affidavit requirement and civil nature of the dispute. (Para 6 , 10 , 12 , 13 , 14) |
| 4. the necessity of a supporting affidavit for a complaint under section 156(3) was found to be mandatory. (Para 9 , 11) |
| 5. final ruling resulted in dismissal of the writ petition. (Para 15) |
JUDGMENT :
Heard.
3. Brief facts of the case appears to be:-
The respondent no. 2 owned and possessed agricultural land admeasuring about 0.64 hectares situated at Khasra no. 177/2 Patwari Halka No. 74, Mouza Borkhedi, Gram Panchayat Borkhedi which was agreed to be sold to petitioner- firm vide agreement for sale dated 06.09.2004 for a consideration of Rs. 16,00,000/-. Subsequently, the entire consideration has been paid by the petitioner-firm. Thereafter, the respondent no. 2 executed power of attorney in favour of petitioner-firm on 27.01.2005 before Sub-Registrar, Nagpur. However, the petitioner-firm through its partner received a legal notice dated 25.08.2015 issued by respondent no. 1 sta
The requirement to file an affidavit in support of a complaint under Section 156(3) CrPC is mandatory, and failure to comply results in dismissal of the complaint.
Direction for Police investigation – Applications under Section 156 (3) of Cr.P.C. are filed in a routine manner without taking any responsibility only to harass certain persons – In an appropriate c....
The court ruled that failure to file a supporting affidavit under Section 156(3) does not necessarily invalidate proceedings if substantial evidence of wrongdoing exists against the accused.
The court ruled that criminal proceedings based on civil disputes without clear fraudulent intent are an abuse of process, necessitating dismissal of such charges.
The court established that applications under Section 156(3) of the Cr.P.C. must be supported by affidavits and prior applications under Sections 154(1) and 154(3) to prevent abuse of the legal proce....
The court affirmed that a Magistrate can issue an order under Section 156(3) of Cr.P.C. after a revision, even if a prior complaint was dismissed, emphasizing the need for proper procedural adherence....
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