1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRI.WRIT PETITION NO.382 OF 2007 (SAU.SHUBHANGI M. MAHINDRAKAR & 2 OTH. Vs JAGESHWAR DABADE & 2 OTH.) _____________________________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders ______________________________________________________________________________________________ Shri Shingne h/f. Shri A.S.Kilor, Adv. for Petitioner. Shri P.A. Dahiwale h/f. Shri Kshirsagar, Adv. for Resp.2 & 3. CORAM : R.C.CHAVAN, J. DATED : OCTOBER 15, 2008. 1. This thoroughly misconceived petition is directed against the appellate judgment of learned Ad hoc District Judge, Nagpur, rendered under Section 341 of the Code of Criminal Procedure. The learned Ad hoc District Judge was considering the order passed by 5th Joint Civil Judge Senior Division, Nagpur, whereby the learned Judge has refused to make complaint under Section 340 of the Code of Criminal Procedure without probing into allegations of the alleged fraud. 2. The learned counsel for the applicant placed reliance on the judgment of this Court in Kenneth Desa s/o. Late John Desa Vs. Gopal s/o. Leeladhar Narang, reported at 2007 2 ALL MR (Cri) 2281, where this Court held in paragraph 8 as under : “8. ......... The learned Civil Judge should have, in fact, upon consideration of the application, decided whether it was necessary to hold the enquiry and if found necessary should have held an enquiry. Merely because civil suit was pending, that did not prevent and could not prevent the Civil Judge from entering into an enquiry. .......” 3. In the present case, as can be seen from the impugned order, it is not that the Civil Judge had rejected application. He had only stated that without probing into the allegations he would not make a complaint. Therefore, the observations in Keneth Desa's case are not applicable. The application is, therefore, dismissed. 4. The applicant will be at liberty to approach the trial Court with appropriate material justifying making of the complaint. JUDGE RR.