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TMI Blog2020 (2) TMI 1565X X X X Extracts X X X X X X X X Extracts X X X X ..... l for the Petitioner/applicant has pointed out that during the pendency of the petition, photocopy of a document purported to be an MoU has been fabricated. Though the contents appear to be identical, the copy supplied to the IO, appears to be different, being in smaller fonts and slightly compressed. The respondent contemnors, maintain that it is only a compressed form of the photocopy and there ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 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 C ..... X X X X Extracts X X X X X X X X Extracts X X X X
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