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
However, while this application is
still pending before the CLB, in October, 2008 she filed another
application under Section 340 Cr. PC in the High ... application before it. She sought to rest her
application on sub- section 2 of Section 340 Cr. PC for its
maintainability in the High Court
application dated March 22, 2007
(application under Order 6 Rule 17 CPC ) it was stated that Manmal
Bhutoria is dead. The said application was verified ... clarification application, application under Order 6 Rule 17, the
application for acceptance of corrected amended plaint, application for
review and application under Order 6 Rule
special page 908 (DB)}, it is held that an application under Section 340 of Cr.P.C, for taking action for perjury for filing false ... after the case ended in acquittal, an accused can file application under Section 340 of Cr.P.C.
32. Also, this Court aptly points
captioned first petition [Crl. M.C. No.1089/2012], an
application under Section 340 of Cr.P.C. filed by petitioner has been
dismissed ... 1005 registered against petitioner and so,
petitioner's application under Section 340 of Cr.P.C. could not be
outrightly rejected
1528/2014 Page 3 of 13
10. The application under Section 340 CrPC filed by the
Complainant/Respondent No.2 before learned Addl. Session Judge ... conduct an inquiry into the allegations made in the application under Section
340 Cr.P.C. and the same was also dismissed.
11. The Petitioner
However, while
this application is still pending before the CLB, in October,
2008 she filed another application under Section 340 Cr. PC in
the High ... application before it. She
sought to rest her application on sub- section 2 of Section 340
Cr. PC for its maintainability in the High Court
also the brother of the deceased Jayendra
Patel made an application under Section 340 read with Section
195 of Cr.PC for the direction that ... caution has been expressed that the court on
receiving an application under Section 340 Cr.PC is not required
to proceed to issue a notice
Magistrate Court-I, Aluva to restore
the Ext.P14 application under Section 340 Cr.P.C., and proceed
according to law.
2. On hearing ... application, I
find that the application was rightly dismissed by the learned
Magistrate. An application under Section 340 Cr.P.C. can be
entertained
