B N GUPTA Vs. KAMLESH GUPTA

JUDGEMENT

(1.) THE petitioner impugns the order dated 18th August, 2006 by Additional district and Sessions Judge dismissing the appeal filed by the petitioner against the order dated 4th August, 2005 wherein the application of the petitioner under Section 340 of Criminal Procedure Code was dismissed.

(2.) A suit for specific performance was filed by respondent No. 1 against the father of the petitioner which was dismissed by judgment dated 4th August, 2005. The application filed by the petitioner under Section 340 of the Criminal procedure Code was also dismissed holding that there were only minor variations between the pleadings and the evidence, which could not be the ground for initiating action under Section 340 of the Criminal Procedure Code. The Civil judge also noticed that the petitioner had filed a complaint against respondent no. 2 which was dismissed in default and the FIR which was registered against him was also disposed off as Shri Ram Karan Gupta, respondent No. 2, was untraceable. In cross-examination, the petitioner also admitted that his complaint was dismissed by Shri Rakesh Garg, Metropolitan Magistrate, by order dated 26th march, 1990 being groundless.

(3.) TAKING into consideration the above-said facts and circumstances, the application under Section 340 of the Criminal Procedure Code was dismissed by order dated 4th August, 2005. The appeal filed by the petitioner being RCA no. 56/2005 against the order dated 4th August, 2005 was also dismissed, holding that there are only minor variations between the pleadings and the evidence on behalf of respondent No. 1 and, therefore, no action should be taken under section 340 of Criminal Procedure Code.