VISHAL MOHINDRA Vs. VANITA

JUDGEMENT

(1.) Present Letters Patent Appeal is directed against the order dated 24.09.2016 passed by learned Single Judge of this Court whereby Criminal Misc. No. CRM-M-20754-2012 for initiation of proceedings under Section 340 Cr.P.C. read with Section 195(1)(b)(i) Cr.P.C. and under the Contempt of Courts Act against the respondent, was dismissed.

(2.) Facts relevant for the decision of present appeal are that matrimonial litigation of the appellant was going on with his wife and the respondent-wife had sought transfer of cases. As per the appellant, the affidavits filed by her were containing incorrect affirmation, which were false to her knowledge and as such, proceedings be initiated under Section 340 Cr.P.C. against her. Learned Single Judge negated that contention by passing the impugned order.

(3.) Appellant, who was appearing in person, contended that learned Single Judge has erroneously dismissed his petition, though there was sufficient material. As regards the maintainability of the present appeal, the appellant has contended that the same is maintainable before the Division Bench as per provisions of Clause 10 of the Letters Patent. In support of his contention, the appellant has placed reliance upon Full Bench judgment of Hon`ble Delhi High Court in Weizmann Ltd. v. Shoes East Ltd. and others, 2013(4) R.C.R. [Criminal] 710.