sns 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.440 OF 2011 Dr. Sau. Era Sandeep Chaudhari Alias Dr. Sau Era Jain ..Appellant. v/s. Dr. Sandeep R. Chaudhari and Anr. ..Respondents. Mr. Niranjan Mundargi, adv. for the Appellant. Mr. Y.S.Shinde, APP for the respondent/State. CORAM : J.H.BHATIA, J. DATE : 29th September, 2011 PC : 1 Heard the learned counsel for the appellant and perused the impugned order and the other relevant documents. 2 Respondent/husband had filed the Marriage Petition No. 23/2004 seeking decree of divorce contending that the marriage had taken place on 16.6.2002. Wife contested the petition but denied the date of marriage. It appears that originally the husband had produced one invitation card for the marriage reception, which was held on 16.6.2002. However, pending the proceeding in the marriage petition, that invitation card appears to have been replaced by another invitation card for marriage and reception held on 16.6.2002. The present applicant/wife filed Misc. Application No.13 of 2009 for taking action against the husband under Section 195 IPC r/w sns 2 Section 340 of the Cr.P.C. The learned Judge after hearing the evidence led by the parties came to conclusion that it was not established that the original invitation card of reception was replaced by another invitation card of marriage and reception by the husband. The learned Judge could not rule out the possibility of the said document being replaced by the wife herself and, therefore, he refused to take any action under section 340 Cr.P.C. That order is challenged in the present appeal under section 341 of the Cr.P.C. 3 Taking into consideration the facts and the reasons given by the learned Civil Judge Senior Division, Palghar, I do not see any reason to interfere. 4 Therefore, the appeal stands dismissed. (J.H.BHATIA, J.)