S.J. Mukhopadhaya, J.

The appellant-M.P.Ranjit filed Application No.4023 of 2004 (in Civil Suit No.396 of 2004) before the Original Side of this Court, to initiate action against the respondent-S.Harshavardhan, Chairman, EIKON Academy, under Sections 191, 192, 193, 196, 197, 199 and 200 Indian Penal Code (for short, IPC) read with Sections 195 and 340 of the Code of Criminal Procedure (for short, Cr.P.C).

2. Learned single Judge, by the impugned order dated 11. 2005 (in the said Application No.4023 of 2004), while closing the said Application, noticed the order as was passed on 7. 2004 (in C.S.No.396 of 2004), whereby and whereunder, the Court gave a full and complete liberty to the applicant (appellant in this OSA/defendant), to take suitable and proper action against the respondent (respondent in this OSA/plaintiff), either in civil or criminal, also observed that in view of the liberty given as above, it is always open to the applicant (appellant herein) to take appropriate criminal action, if it is so advised and establish the same before the appropriate forum.

3. This Original Side Appeal, having been preferred, one of the questions as was raised is as to whether t