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2018 Supreme(P&H) 2619

ANIL KSHETARPAL
Gurkirpal Singh Chawla – Appellant
Versus
Deepa Duggal – Respondent


Advocates Appeared:Mr. Preetinder S. Ahluwalia, Advocate for the appellants.
Mr. R. Kartikeya, Advocate for respondent No.1.
Mr. Atul Gaur, Advocate, for
Mr. Sumeet Goel, Standing Counsel, CBI.
Mr. Kuldeep Tiwari, Additional PP, for U.T., Chandigarh.

JUDGMENT

Mr. Anil Kshetarpal, J. - This appeal has been filed by the appellants against the directions issued by the learned First Appellate Court while deciding a civil appeal to the trial Court to initiate the proceedings under Section 340 of the Criminal Procedure Code.

2. The questions which are required to be answered are as follows:

1. If the documents were forged before producing them in the Court, whether the Court has no jurisdiction to direct initiation of the proceedings under Section 340 of the Criminal Procedure Code?

2. Whether the learned First Appellate Court is debarred from directing initiation of the proceedings under Section 340 of the Criminal Procedure Code if at one stage the trial Court while hearing the suit had refused to initiate the proceedings and such order on challenge has been upheld by the Revisional Court?

3. It may be noticed that by a separate judgment passed in RSA No.4233 of 2018 filed by the appellants has been dismissed while upholding the judgments passed by the Courts below.

4. Learned First Appellate Court while passing an impugned judgment dated 19.01.2018 has held and directed as under:-

“After having heard ld. Counsel for the parties, t































































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