HARPYARI Vs. BADRI BHAGAT JHANDEWALA TEMPLE SOCIETY

JUDGEMENT

(1.) Present appeal has been filed challenging the order dtd. 3/9/2024 passed by the learned Single Judge of this Court in Crl. M.A. No.7809/2023 in CS (OS) 381/2016, whereby the application under Sec. 340 of the Cr.PC filed by the appellant-defendant no.1(a) was dismissed on the ground that the error was clearly committed by the Notary Public and the plaintiff-respondent no. 1 had nothing to gain by showing that the affidavit or the application was prepared in 2019.

(2.) The appellant, who appears in person, states that on 3/12/2021, respondent no.1 filed an application being I.A No.16166/2021 under Order XXII Rule 4 CPC to implead the legal heirs of the deceased defendant. He alleges that the affidavit filed along with the said application was forged and fabricated. He states that the defendant had died on 13/4/2020, however, the affidavit along with I.A No.16166/2021 was attested on 1/9/2019.

(3.) He alleges that the learned senior counsel for the plaintiff and the learned Joint Registrar hearing the I.A No.16166/2021 on 28/2/2023 colluded with each other to disregard the statement made by him. He further alleges that he was subjected to intimidation and insults by the learned Joint Registrar. He states that that he has made a complaint dtd. 4/5/2024 in this regard. He states that despite the respondent no.1 admitting the offence, the learned Single Judge dismissed Crl. M.A. No.7809/2023 filed by the appellant.