Legal Question in Criminal Law in India

Criminal Law u/s 340 of Cr.P.C.

In a pending criminal case of

406 of IPC before a

metropolitan court of

Mumbai,where no plea was

recorded yet and hence,trial

was not set in motion in real

sense.

During its pendency,a simple

application was made before

the said court by the

complainant i.e registered

corporate body and consequent

acquittal of accused took place

by mutual trust.

Later on, an agent through

whom the said criminal

complaint was lodged by the

said corporate body,filed an

application on his own under

section 340 of Cr.P.C.against

the said corporate body

present functionary and the

said acquitted accused.

The said application was rightly

dismissed by the said trial

court but the Sessions Court

has overturned the said

dismissal order.

In the light of the above,now

please let us know as to said

section of 340 is applicable to

the said application as the said

application is not a ''document

produced or given in

EVIDENCE ''?

When even plea was not

recorded and where was the

question of evidence?

We are surprised at the

perverse judgment of the

Sessions Court,which had not

mentioned a single word from

the 67 paged written

arguments


Asked on 5/02/09, 9:14 am

4 Answers from Attorneys
Pranav Desai PD Legal & Associates

Re: Criminal Law u/s 340 of Cr.P.C.

We believe you should consult a local lawyer and under his guidance frame an adequate strategy.

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Answered on 5/05/09, 6:31 am
Shrichand Nahar S.V.Nahar, Advocate

Re: Criminal Law u/s 340 of Cr.P.C.

Section 340 is applicable in several matters and not only in respect of document produced or given in evidence.

Making false application supported by an affidavit is also covered for invoking section 340.

Nobody can comment on the merits or otherwise of the order, unless same is read along with proceedings/material on which such order is based.

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Answered on 5/03/09, 1:33 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Criminal Law u/s 340 of Cr.P.C.

consult a good sr local lawyer

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Answered on 5/07/09, 2:09 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Criminal Law u/s 340 of Cr.P.C.

It may not be fair to comment on a 67 page judgement on the basis of your note. You may want to engage a counsel for appropriate guidance on the basis of your documents.

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Answered on 5/03/09, 3:06 pm


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