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C. HARI SHANKAR
G. S Berar and Co. Pvt. Ltd. – Appellant
Versus
Trans Asian Industries Expositions Pvt. Ltd. – Respondent
CM APPL. 26958/2022 in CM(M) 160/2022
1. By this application, preferred in CM(M) 160/2022, the petitioners seek initiation of proceedings, against the respondent, under Section 340 of the Code of Criminal Procedure, 1973 (Cr PC).
2. Section 340 Cr PC reads thus:
"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 security for the appearance of the accused before such Magistrate, or if the alleged offence is non-bailable and the Court thinks it necessary so to do, send the accused in custody to
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