Mukhtar Ahmad, J.

This is an application under Section 340 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the 'CrPC') requesting the court to initiate the proceedings against the petitioner Rajesh Manchanda for filing the copy of the criminal complaint Smt. Krishna Manchanda v. Ashok Manchanda and others under section 392/452/506/34 by committing the forgery and changing the date of its filing in the concerning court.

2. Before the rival contentions of the parties are taken up for consideration, it would be necessary to give a brief resume of facts. There is no dispute that Rajesh Manchanda and Ashok Manchanda are real brothers and Smt. Krishna Manchanda is their Mother. Ashok Manchanda filed a complaint no. 4889 of 2008 under section 138 of Negotiable Instrument Act against Rajesh Manchanda in the Court of Chief Judicial Magistrate Gautom Buddh Nagar on 4.6.2000. After recording statements under section 200 and 202 Cr.P.C. accused Rajesh Manchanda was summoned vide order dated 23.6.2008 for facing the trial.

3. Thereafter Rajesh Manchanda came before this court and filed an application under section 482 Cr.P.C numbered as 22554 of 2009 with the prayer t