offence described in Section 463, or punishable under Section 471, Section 475, Section 476 of the said code, when such offence is alleged to have ... Section 195(1)(b)(ii) of the new Code whereas Section 476 of the Old Code is the same as is Section 340
Writ Petition
No. 721 of 2016, filed the above Civil Application under Section 340 read with Section
195 of the Code of Criminal Procedure ... Court feels the need to hear the
Respondent in an Application under Section 340 Cr.P.C., the Court is not precluded
from doing
this behalf.
(4) In this section, "Court" has the same
meaning as in section 195."
Section 340 Cr.P.C. deals ... application any Court other than a High Court has
refused to make a complaint under sub-section (1) or
sub-section (2) of Section 340
further submitted that for the prosecution under Section 195 r/w.
Section 340 CrPC, forgery must be established. In Sasikala
Pushpa and Ors. (supra ... finding to that effect as comtemplated under sub-
section (1) of Section 340 . The words "in or in relation
to a proceeding
Kumar Vs. Johri Lal Jain
& Ors' dismissing the application under Section 340 Cr.PC filed by the
appellant (Defendant No. 1 before ... application.
Vide this application it is requested by the petitioner that the
plaintiff has committed an offence punishable under Section 193/195
read with Section
make complaint to the police, inter alia, under section 340
4
of the Criminal Procedure Code, 1973 against the directors and other persons
responsible ... forged. A direction was issued for initiation of proceeding under Section
340 of the Criminal Procedure Code. The Court is informed such proceeding
this section, "Court" has the same meaning as in
Section 195 ."
10. On reading of Section 340 ... offence referred to
in Section 195 (1) (b) has allegedly been committed. While exercising
its power under Section 340
procedure regarding cases mentioned in Section 195 of Cr.P.C. and as per section 340 of Cr.P.C., when upon an application ... under Section 200 of Cr.PC., either to summon, under Section 204 of Cr.P.C. or to make further inquiry, under Section
Constitution of India, but under Section 115 of the CPC.
It emanates from a proceeding under Section 340 Cr.P.C. and therefore,
proper ... view that provisions of Section 115 of the CPC are not attracted since
the order was passed under Section 340 Cr. P.C. Remedy
ARVIND SINGH SANGWAN, J. (Oral)
This petition has been filed under Section 340 of the Code
of Criminal Procedure (in short ... affidavits were filed
by respondent No.5, no such application under Section
340 Cr.P.C. was moved to submit that the affidavits
