INDRAPRASTHA POWER GENERATION CO. LTD. Vs. FAHEEM BAIG

JUDGEMENT

(1.) This intra-court appeal impugns the order dated 13th August, 2014 of the learned Single Judge of this Court of dismissal of CM No.13032/2012 under Section 340 of the Code of Criminal Procedure, 1973 (CrPC) filed by the appellant in Cont. Cas.(C) No.484/2011 filed by the respondent no.3 herein i.e. Ajmera Steel Pvt. Ltd. against the officers of the appellant. This appeal is accompanied with an application for condonation of delay of 17 days in filing thereof and is listed subject to office objection as to the maintainability thereof.

(2.) As far as the aspect of maintainability of the appeal is concerned, the Full Bench of this Court in Weizmann Ltd. Vs. Ms. Shoes East Ltd., 2013 200 DLT 257 has held that a decision either way on an application filed under Section 340 of the CrPC decides valuable rights of parties and therefore an appeal would lie under Clause 10 of the Letters Patent, as applicable to this Court. Office objection qua maintainability of the appeal is thus overruled.

(3.) However being prima facie of the opinion, though for reasons other than those given by the learned Single Judge, that there is no merit in the application filed by the appellant under Section 340 of the CrPC, we have without regard to the application for condonation of delay heard the counsel for the appellant at length on the admissibility of this appeal.