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2020 (2) TMI 1565

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..... 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 th .....

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..... nts. In view of the submissions made, list the matter before the Ld. Registrar NCLT to look into the allegations made. Another grievance of the Petitioner is that in a bid to mislead this Bench, the respondents had deliberately fabricated and filed a false document. It is stated that the MoU relied upon was fabricated and predated. They therefore seek to invoke the provisions of Section 340 Cr. .....

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