therefore is: does a court while taking a decision on application under
section 340 of the New Code, exercise criminal jurisdiction.
2. It is pertinent ... Judge vide order dated
26.05.2011, dismissed the appellant's application under Section 340 of the New
Code. This application was filed by the appellant
January, 2007, the petitioners/plaintiffs filed application under Order 10
of the CPC and another application under Section 340 ... separate file was
started for the application under Section 340 of the Cr.P.C. The matter was adjourned to
CRP No.183/2007
discontinued
only because the proposed accused has filed a Section 340
application, whose maintainability is still being argued.
Accordingly, the Ld. MM posted the case ... under Section
340 CrPC was adjourned for 03.09.2019 and on 03.09.2019, the
applications filed by the respondent under Section 340 CrPC and
application for dismissal
January, 2007, the petitioners/plaintiffs filed application under Order 10
of the CPC and another application under Section 340 ... separate file was
started for the application under Section 340 of the Cr.P.C. The matter was adjourned to
CRP No.183/2007
therefore, the learned Civil Judge
heard the respondent on the Section 340 application and reserved
Signature Not Verified CM(M) 650/2022 Page ... heard before
orders were passed on the respondent's Section 340 application.
4. The impugned order dated 30th May, 2022 rejects the said
application
unequivocal contradiction by the respondent, the order on
the application under Section 340 Cr.P.C. ought not to have been deferred.
Reliance is placed ... subject, held as
under:-
"18. In my opinion, an application under Section 340 of
the Cr.PC ought to be normally considered
Whether
the court would be barred from ent ertaining an
application under Section 340 CrPC even in cases
where a party files pleadings being aware ... before the First Court (Company Law Board)
that an application under Section 340 CrPC has been
filed for initiating perjury action against the
Respondent
default. Thereafter the appellant applied
for restoration of the application under Section 340 of the CrPC and which
was allowed on 22nd ... notice of the said application under
Section 340 of the CrPC was issued to the respondents herein namely Sh.
Faheem Baig,, Shri Hari Lal, Ajmera
Court.
Section 340 of the CrPC reads as under:-
340. Procedure in cases mentioned in section 195(1) When upon an application made ... arrived at on the application. During the pendency of the said probate proceedings and the said application under Section 340 CrPC, the respondents also filed
filing of the aforesaid complaint on
12.01.2012 also filed an application under Section 340 Cr.P.C. on
15.05.2014 on similar ground however, without disclosing ... receipts
that the same were not forged. On dismissal of the application 340 Cr.P.C .,
the respondent instead of challenging the same, re-invigorated
