Rajiv Shakdher, J.

1. This appeal has been referred to a Larger Bench in view of the judgment rendered by a Division bench of this court in the case of Ramesh Jaiswal vs. Semjeet Singh Brar & Ors. 2012 (131) DRJ 479; wherein the view taken is that, an appeal under clause 10 of the Letters Patent is not available to an aggrieved party to assail an order passed on an application filed under Section 340 of the Code of Criminal Procedure, 1973 (340. Procedure in cases mentioned in section 195.

(1) When, upon an application made to it in this behalf or otherwise, any Court is of opinion that it is expedient in the interests of justice that an inquiry should be made into any offence referred to in clause (b) of sub-section (1) of section 195, which appears to have been committed in or in relation to a proceeding in that Court or, as the case may be, in respect of a document produced or given in evidence in a proceeding in that Court, such Court may, after such preliminary inquiry, if any, as it thinks necessary,-

(a) record a finding to that effect;

(b) make a complaint thereof in writing;

(c) send it to a Magistrate of the first class having jurisdiction;

(d) take sufficient