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Raju (Senior Executive)     12 February 2015

S.340 application

dear experts, the magistrate dismised my application under s.340 crpc for two reasons.

1. applicant did not examine the ahlamad of the same court, to prove the certified documents attached with my preliminry affidavit.

2. if decided at this stage (defense closed in main case) then it may give adverse finding on the main case.

hence dismissed....

.......is it lawful order of magistrate..what to do ? pl advise..


 2 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     13 February 2015

File an appeal u/s 341 of Cr.P.C before appellate court.

ADVOCATE TRILOK (CRIMINAL family PROPERTY topfreind@gmail.com )     13 February 2015

Mr Nadeem  Qureshi can you please show any case law for having filed any application for 340 during the case.


And your advice for filing 341 will take years to decide by the time whether the lower court will stay the case . Any known case law for such situation since now it is essential to decide cheque cases within three months.

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