filed by the Respondent under Section 482 of the
Code of Criminal Procedure, 1973 (“ CrPC ”) seeking quashing of
the proceedings, which has been ... particularly to answer the following questions:
(i) Whether Section 340 of the Code of Criminal
Procedure, 1973 mandates a preliminary inquiry and
an opportunity
prayer
that the proceeding under Section 340 of the Code of Criminal
procedure ( Cr.P.C .) be stayed was rejected by the High Court.
Aggrieved ... High Court ought to have
directed that the application under Section 340 , Cr.P.C. should not
be decided till the pendency of the appeal
averments.
Hence, there was no ground for directing enquiry under Section 340 CrPC.
It is further submitted that insofar as sworning ... fresh affidavits on
24.08.2023. Given the fact that our application u/s
340 Cr.P.C. was filed on 01.08.2023, the fresh
affidavits were filed
Company Petition, it was further prayed that
proceedings under Section 340 CrPC read with Section
195(1)(b) of the CrPC ... prayer of the Appellant(s) to initiate proceedings under Section 340 CrPC
was also rejected. The learned Counsel for the Appellant has also
Company Petition, it was further prayed that
proceedings under Section 340 CrPC read with Section
195(1)(b) of the CrPC ... prayer of the Appellant(s) to initiate proceedings under Section 340 CrPC
was also rejected. The learned Counsel for the Appellant has also
Company Petition, it was further prayed that
proceedings under Section 340 CrPC read with Section
195(1)(b) of the CrPC ... prayer of the Appellant(s) to initiate proceedings under Section 340 CrPC
was also rejected. The learned Counsel for the Appellant has also
listed in which application, the Appellant prayed for initiating Section
340 CrPC proceeding against the Resolution Professional on some allegations
made ... Tribunal since issues which are sought
to be raised in Section 340 CrPC application had bearing on the decision of
the Appellate Tribunal
with a malafide
intention faced with the proceedings under Section 340 read with
Section 195 Cr.P.C and faced with the order passed ... Sections 193, 465, 471 and 120B of the IPC, under the
provisions of Section 340 Cr.P.C;
3.5 It is submitted that even
Applicant has prayed for
initiation of proceedings under Section 340 CrPC r/w Sections
under Section 193 Indian Penal
Code. This Court recalled and set aside the said order
after noticing that the procedure which was required ... this procedure was given a go-by in the
present case. Maybe the provisions of
Sections 195 and 340 CrPC were not brought
