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Rahul (Director)     11 July 2015

156(3) query

My company had bought flats in Mumbai. However, we have our registered office in Kolkata (we don't have an office in Mumbai). Initial negotiations with the seller took place in Mumbai. However, the final negotiaitfion, settlement of terms and conditions (with the seller) and most importantly the inducemet to part away with my money happended at my office in Kolkata. Subsequenty the seller cheated us as he did not have any legal light to sell. Will the case fall under Kolkata jurisdiction. Should I file a police complaint in Kolkata? 

If there is prima facie evidence substantiating the above will the Magistrate pass arrest warrant against the builder, or as a matter of practice will he simply seek a report from the Police.



Learning

 4 Replies

Advocate Ravinder (Advocate/Attorney)     12 July 2015

You can file cheating case in Kolkotta, but you have to file civil case in Mumbai only.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     13 July 2015

the case can be filed before both the courts as there is continue offence, hence you may file the case before any court at Mumbai or Kolkata u/s 156(3) of Cr.P.C. 

the court first may direct to SHO of area for status report the court can not issue the arresting warrant directly.

 

Feel free to Call

Advocate Ravinder (Advocate/Attorney)     13 July 2015

I Agree with Nadeem.  Sec. 178 Cr.p.c. stipulates the same.

T. Kalaiselvan, Advocate (Advocate)     15 July 2015

Yes you can lodge a complaint with the police either in Kolkata or Mumbai, or a private complaint with the concerned magistrate of either city.


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