Summary: A court in Mumbai decided not to allow more investigation into a case involving a business disagreement over textile machinery. The court emphasized the need for a fair trial rather than reopening investigations.
This case involves a business disagreement between M/s. Presto Export Ltd., run by the complainant, Rajesh Mehta, and M/s. Twist Spin Industries, operated by the accused, Dineshkumar Kalantry and others. Dineshkumar Kalantry allegedly tricked Rajesh Mehta into a business deal involving a factory named Devagiri Mills in Aurangabad. This led to money exchanges totaling over Rs. 8 crore.
Rajesh Mehta first filed a complaint with the Vakola Police Station, which was later moved to the Metropolitan Magistrate Court in Bandra. The police initially reported it as a civil disagreement, but the court ordered more investigation by the Economic Offences Wing (EOW) in July 2007. However, the EOW also concluded negatively against Rajesh Mehta.
On December 14, 2018, the Additional Chief Metropolitan Magistrate in Mumbai ordered more investigation. However, this decision was challenged, leading to the current judgment. Judge S.M. Modak decided against more investigation, emphasizing that the trial should proceed based on existing evidence.
"Fair investigation implies sufficient opportunity to conduct investigation," noted Judge Modak, highlighting the importance of a fair trial over continuous investigations.
The court discussed several past legal cases, including the power of courts to order more investigations. However, it was concluded that such powers should be used sparingly and only when absolutely necessary to ensure justice.
The court canceled the order for more investigation and instructed the trial to continue. Rajesh Mehta can still present new evidence during the trial if it becomes available.
The trial will now proceed in Mumbai, allowing both parties to present their cases fully.
The case highlights the complexities involved in business disputes and the legal system's role in resolving them.
