- (1.) CHALLENGE in this Letters Patent Appeal has been made to the judgment of the learned Single Judge dated 27. 1. 2009, rejecting the application of the appellant-company under Section 340, Cr. P. C. In the aforesaid application the prayers were made as follows : "a. An order be passed asking the Respondents to show cause as to why the prosecution proceedings shall not be initiated against them for offences under Sections 193, 208, 209 and 210 of Indian Penal Code : b. On consideration of the causes shown, if any, by the respondents, in terms of Section 340 of Criminal Procedure Code an order may be passed appointing an officer of this Hon'ble Court to file complaint against the respondents under Sections 193, 208, 209 and 210 of Indian Penal Code before a Magistrate of competent jurisdiction at Kolkata and to take all steps necessary for prosecuting the complaint;"
(2.) THE above prayers of the company were rejected by the learned single Judge with the observation that the Court is not prima facie satisfied of commission of an offence and is. therefore, of the view that it would not be expedient to permit prosecution as prayed for by the company.
(3.) HEARD learned Counsel for the parties.;