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2020 (2) TMI 1565 - NATIONAL COMPANY LAW TRIBUNAL, NEW DELHI BENCHFabrication of photocopy of a document purported to be an MoU, during the pendency of the petition - invocation of provisions of Section 340 Cr.P.C. - HELD THAT:- This Bench is of the opinion that provisions of section 340 would not apply to the facts of this case, as this MoU did not form the basis of any adjudication. To initiate prosecution, it is essential that the decision is based on a fabricated document and the Court having relied upon the same has arrived at an erroneous conclusion. Since the alleged fabricated MoU was not a basis of adjudication, no enquiry is required under Section 340 Cr.P.C. The CA under 340 Cr.P.C. is dismissed - Be listed before the Id. Registrar on 25th February, 2020 for enquiring whether the photocopy of the MoU given to the IO is different from the one filed by the Petitioner.
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