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2013 (1) TMI 6 - DELHI HIGH COURTMismatching in the questioned and the admitted signatures - Appeal against order of CLB - dismissal of application filed by the petitioner seeking a dismissal of the petition filed by Naveen Gupta - additional prayer to initiate proceedings u/s 340 of the Cr.PC for forged signatures - Held that:- Apart from the fact that Naveen Gupta had appeared in the Court and owned his signatures on the rejoinder and the affidavits accompanying it, the CLB has also returned a fact finding that there is nothing on record to show that Naveen Gupta was not in Delhi at the time when the said affidavit was filed, this Court has also perused the documents and there appears to be no manifestly evident difference in the questioned and the admitted signatures for which recourse is required for the non-applicant to be hauled-up for the offences under Section 463 or 471 of the IPC. As noted supra, it is also not the argument of the petitioner that any benefit has occurred to Naveen Gupta or the corresponding loss has occurred to the opposing party. In such a situation, no case for initiation of proceedings under Section 340 of Cr.PC is made out. The intent of fraud on the part of Naveen Gupta is clearly not made out. This appeal is nothing but an abuse of the process of the Court. Being a wastage of its precious time, it is dismissed with costs of Rs.25,000/-.
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