which the Ld. Metropolitan Magistrate has
dismissed in default the application under Section 340 Cr. P. C.
filed by the Appellant Sh. Ronen Chatterjee ... submitted that the application under Section 340 Cr. P. C. was
filed before the Court of Ld. Metropolitan Magistrate on 19.08.2019
CA No. 546/2019
application for
conversion of the complaints, which, according to him, were correctly filed
under Section 195 read with Section 340 CrPC. He argued that ... alleged to
have been committed.”
“340. Procedure in cases mentioned in section 195 .—(1)
When, upon an application made to it in this behalf
October, 2020
BEFORE THE SECURITIES APPELLATE TRIBUNAL
MUMBAI
Date : 14.10.2020
Misc. Application No. 340 of 2020
(Delay Application)
And
Appeal No. 332 of 2020
Amaresh ... Bhatt, Advocate i/b
Vidhii Partners for the Respondent
ORDER :
Misc. Application No. 340 of 2020 :
1. There is a delay of 207 days
Vide order dated
19.9.2018, the aforesaid application was rejected. The
appellant thereafter filed an application under Section 340 of
Cr.P.C read with Section ... 340(1) of
Cr.P.C which reads as under :-
Section 340 Procedure in cases mentioned in section 195 .
(1) When, upon an application made
Since the issue is related to the maintainability of application under Section 340 of Cr.P.C., it would be necessary to examine the provisions ... Section 340 Cr.P.C. which reads as under :-
"340. Procedure in cases mentioned in Section 195 - (1) When, upon an application made
following reliefs:
"(a) Consider this Notice of Motion as Application under Section 340 of
Code of Criminal Procedure and decide ... Court feels the need to hear the Respondent in an Application
under Section 340 Cr.P.C., the Court is not precluded from doing
dismissed as withdrawn vide order dated
12.07.2013. The appellants filed application under Section 340 of the
Cr.P.C. for taking action against respondent Suresh ... against the respondent.
In the present case, the appellants filed application under
Section 340 of the Cr.P.C. for taking action against the respondent
interest of justice that before preceding further with the
application under Section 340 Cr.PC., an enquiry should have been made
into any offence referred ... application, the order dated
05.07.2006 (Annexure P-8) was passed by the learned Additional Chief
Judicial Magistrate, Faridabad. In an application moved under Section 340
Supplementary affidavit filed by learned counsel for applicant in transfer application no. 340 of 2019 along with copy of transfer application moved by Shiv Shankar ... proceedings of which have been sought to be transferred under transfer application no. 340 of 2019; that regarding the sale deed obtained by opposite party
others ) by which learned trial court has kept the application under Section 340 , Cr.P.C. to be disposed of at the time ... perusal of the impugned order it appears that one application under Section 340 , Cr.P.C. was given in Civil Appeal No.90/2018, which