(1.) THIS appeal has been referred to a Larger Bench in view of the judgment rendered by a Division bench of this court in the case of Ramesh Jaiswal vs Semjeet Singh Brar & Ors. 2012 (131) DRJ 479; wherein the view taken is that, an appeal under clause 10 of the Letters Patent is not available to an aggrieved party to assail an order passed on an application filed under Section 340 of the Code of Criminal Procedure, 19731 (hereinafter referred to as the
(2.) IT is pertinent to note that, prior to the constitution of a Larger Bench, the Division Bench was called upon to examine the maintainability of the appeal. The Division Bench at the relevant point of time comprised of Sanjay Kishan Kaul, J and myself.
(3.) HOWEVER , on account of a settlement arrived at between the parties, evidently all proceedings between the two warring parties came to an end.