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C. HARI SHANKAR
Laxman Dass Bhatia – Appellant
Versus
Parveen Chatterjee – Respondent
JUDGMENT
1. This petition, under Article 227 of the Constitution of India, assails an order dated 30th May, 2022, passed by the learned Civil Judge in Misc SCJ 158/19, which was an application filed by the petitioner, as the plaintiff before the Ld. Civil Judge, seeking an opportunity of hearing before orders were passed by the learned Civil Judge on the application of the respondent under Section 340 of the Code of Criminal Procedure, 1973.
2. It is not necessary to delve into the matter in any great detail. Para 5 of the impugned order discloses that Court notice, on the application of the respondent under Section 340 CrPC was issued to the petitioner for 11th March, 2022. There was no appearance on 11th March, 2022. On the said date, therefore, the learned Civil Judge heard the respondent on the Section 340 application and reserved orders, to be pronounced on 12th May, 2022.
3. In the interregnum, i.e. between 11th March, 2022 when orders were reserved and 12th May, 2022 when orders were to be pronounced on the Section 340 CrPC application, the petitioner preferred an application before the learned Civil Judge on 12th April, 2022, stating that, as the petitioner was residing abroad
The main legal point established in the judgment is that the principles of audi alteram partem require affording an opportunity of hearing to the petitioner before passing orders on the Section 340 a....
The principles of natural justice require an opportunity for the accused to be heard before adverse orders are passed under Section 340 CrPC.
The proposed accused do not have a right to be heard at the stage of inquiry under section 340(1) of the CrPC.
The main legal point established in the judgment is the lack of right of hearing for the proposed accused in proceedings under Sec. 340 of the Criminal Procedure Code, 1973, as per the enunciation of....
The main legal point established in the judgment is that a stranger to a case can file an application under Section 340(1) of the CrPC, and the term 'Court' in Section 340(1) includes a Magistrate re....
Proposed accused must be heard in revision against Magistrate's rejection of Section 156(3) CrPC application; no prejudicial order without opportunity under Section 401(2), applicable to Sessions Jud....
A party must be afforded the right to be heard and present evidence before any dismissal of their application, underscoring procedural fairness.
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