VARSHA RUBIN T ZAVERI Vs. PANNALAL KHIMJI CHHEDA

JUDGEMENT

(1.) Heard Mr. Chitnis the learned Senior Counsel with mr. Gohil for the petitioner-complainant and Mr. Dhakephalkar the learned Senior counsel with Mr. Patil for the respondent Nos. 1, 3 and 4. The learned APP appears for the State.

(2.) In R. A. E. Suit No. 402 of 1985 misc. Application was taken out alleging that the respondents had committed offences punishable under sections 191, 200, 463, 464 and 471 read with sections 34, 120-B of IPC and, therefore, the said application was taken out under section 340 of Cri. P. C. praying the Court to take cognizance of the said offences. By an order dated 8-11-2006 the learned judge of the Small Causes Court was pleased to direct that the application be kept for hearing along with the suit. The complainant-plaintiff, therefore, filed criminal Writ Petition No. 2459 of 2006 which was disposed by this Court on 11-12-2006 and the order dated 8-11-2006 was quashed and set aside. The learned judge of the Small Causes Court, therefore, directed to hear the application filed by the petitioner afresh after considering the relevant provisions of section 340 of Cri. P. C. as well as the judgment of the Supreme Court in the case of (Pritish Vs. State of Maharashtra and ors) , 2002 Bom. C. R. (Cri. ) (S. C. ) 264 : 2001 DGLS 1425 : A. I. R. 2002 S. C. 236.

(3.) On remand, the learned Judge of the Small Causes Court reheard the parties, considered the order passed by this court in Criminal Writ Petition No. 2549 of 2006 and also the law laid down in the case of Pritish (supra) and held that when the other side is easily available before the court and raised an objection not to pass any order without hearing him, then certainly it is not desirable to dispose of any matter without hearing the other side and, therefore, the learned Judge permitted the defendant to participate in the inquiry proceeding under section 340 of Cri. P. C. and made the Interim Notice No. 162 of 2007 taken out by the defendant, seeking permission to participate in the inquiry proceedings, absolute by order dated 24-1-2007.