ORDER

Damodar H. Bajaj & Ors. v. Municipal Corporation of Greater Bombay & Ors.1 the appellant herein filed a separate affidavit on behalf of respondent No. 4. A learned Single Judge of Bombay High Court while deciding the said writ petition found that the appellant has made false statement on oath and also adduced evidence known to be false and fabricated. Under such circumstances, the learned Single Judge, in exercise of power under Section 340 Cr.P.C. issued notice to the appellant to show cause for having committed offence referred to under Clause (b) of sub-section (1) of Section 195 Cr.P.C. In compliance thereof, the appellant appeared through his counsel. The learned Single Judge in the said inquiry, prima facie, found that the appellant has intentionally made false statement on oath and adduced evidence known to be false and fabricated and, therefore, the Rule was made absolute and direction was issued for filing complaint before the Magistrate against the appellant. It is against the said order the appellant has filed the present appeal.

2. Learned counsel appearing for the appellant urged that there is nothing on record to show that the High Court while making an inquiry un