Complain under 156(3) rejected.

This query is : Resolved 
 

(Querist)
12 July 2019

Dear Sir,
I had rent my premises to a company for Govt scheme DDUGKY on leave and licences basis.
Company was not paying licence fee on time. And had also informed us in aug 2018 that their target for the project has been accomplished and they shall be moving to some other property. They also requested to refund there deposit amount as they told us that they shall pay all the dues of the property. Mean while they told us to put up security guards and CCTV cameras in parking area.

During the installation of CCTV cameras in parking area the concern company CEO tried to file atrocity complain at local police station saying that the land lords are abusing girls who are under training session of govt project DDUGKY. Police inquired in the matter and found nothing. No complain was registers.

During the period of this complain CEO ask us for returning the agreement deposit and also forcefully asked for additional fund of Rs 15 lakh also some blank papers were signed saying that cancellation deed need to be registered.

All amount was given by DD.
In connection to 15 lakhs CEO issues a receipt mentioning as donation.
No cancellation deed was registered. Licence premises possession was also not given back to landlords.
Concern to property possession we have already filed a civil suit for eviction process.

I had file a complain application to the local police station and the S.P. office but nothing being done. No F.I.R., filed. Not even NCR filed.

There after I filed and application under 156(3) at chief judicial magistrate.
After hearing the case application was rejected saying that no prima facia case is made out.

What to be done next concern to criminal case?

Shall I file a Revision petition or shall I go for issuing of process?

I am facing lot of hardship in concern to the situation.


Amit jande (Querist)
12 July 2019

Dear experts Please guide me

Amit jande (Querist)
13 July 2019

Dear Sir, I had rent my premises to a company for Govt scheme DDUGKY on leave and licences basis. Company was not paying licence fee on time. And had also informed us in aug 2018 that their target for the project has been accomplished and they shall be moving to some other property. They also requested to refund there deposit amount as they told us that they shall pay all the dues of the property. Mean while they told us to put up security guards and CCTV cameras in parking area. During the installation of CCTV cameras in parking area the concern company CEO tried to file atrocity complain at local police station saying that the land lords are abusing girls who are under training session of govt project DDUGKY. Police inquired in the matter and found nothing. No complain was registers. During the period of this complain CEO ask us for returning the agreement deposit and also forcefully asked for additional fund of Rs 15 lakh also some blank papers were signed saying that cancellation deed need to be registered. All amount was given by DD. In connection to 15 lakhs CEO issues a receipt mentioning as donation. No cancellation deed was registered. Licence premises possession was also not given back to landlords. Concern to property possession we have already filed a civil suit for eviction process. I had file a complain application to the local police station and the S.P. office but nothing being done. No F.I.R., filed. Not even NCR filed. There after I filed and application under 156(3) at chief judicial magistrate. After hearing the case application was rejected saying that no prima facia case is made out. What to be done next concern to criminal case? Shall I file a Revision petition or shall I go for issuing of process? I am facing lot of hardship in concern to the situation.

Dr J C Vashista (Expert)
13 July 2019

Vague information can not lead to form an opinion and oblige.
Consult a local prudent lawyer for better appreciation of facts, guidance and proceeding.



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