I have a query regarding 340 Cr.P.C, Maintability.
The detail of case are as fallows:
1. I filed a Section 9 HMA in 2008
2. Opp. Party had filed section 24 and the order of same had taken place in 2010 in her favour.
3. Apart from she had given few exemption application.
3. I had collected necessary material that she is working and attendance record on the basis of her salary slip, appointment letter and attendance record I filed a 340 Cr.P.C. That she had misguided court and taken a order in her favors apart from this 7 exemption application of illness were false as she had attended school on those days.
4. I had not pressed my section 9 HMA and filed section 13.
5. My query is (Is 340 is applicable after not pressing of section 9 if yes then provide me sufficient ground / so I may able to fight strongly)
I will be highly obliged for your valuable suggestions and guidance