At what time i should file complaint u/s 340/195 (1) (b) of cr pc?
Rajesh
(Querist) 01 April 2014
This query is : Resolved
In my ( as Defendant) ongoing suit for possession by way of specific performance of an agreement to sell dated 1.1.2007 , where 31.7.2007 was fixed for date of execution of registration of sale deed. I am contesting the aforesaid Civil suit interalia on the ground that since Plaintiff has never been ready and willing to perform his part of contract for lack of funds with him on 31.7.2007, the agreement stood rescinded and earnest money stood forefeited.
Plaintiff in order to prove the fact that he has been ready and willing thorough out to perform his part of contract , gave a false evidence at the time of recording his statement in the court ( on 20.2.2010) by relying upon a lien creating letter dated 19.12.2009 ( i.e of date after 2 years of last date fixed for execution) showing lien on the amount of Rs 18 lakh deposited in his saving bank account, in his Examination -in-chief tendered into evidence the bank letter .
Now , when I called bank manager as defence witness to produce all records of Plaintiff's lien documents of dated 19.12.2009 , it came to light that Plaintiff created lien on his account on 19.12.2009 and on 21.12.2009, he got it cancelled and submitted an old copy of bank letter of lien ( which he had already got cancelled) in his examination-in -chief on 20.2.2010 .
In view of the above falsification of records by Plaintiff , I want to file complaint u/s 340 /195(1)(b) of Cr PC. I want to solicit your esteemed advice on the following
(a) Should I file such complaint u/s 340 against plaintiff for submission under oath false record ( which he had already got cancelled), When I know that the false document has not that important /relevant which would have impacted the outcome of ongoing case, because false letter of lien is dated 19.12.2009 whereas the final date of execution of agreement was 31.7.2007.?
(b)Should I file this complaint irrespective of relevance/irrelevance of false document on the outcome of the case , since this will reflect to the Court the plaintiff's overall conduct during the ongoing case.?
Please give your esteemed advice so that I can take necessary step accordingly.
Prithvi Raj Sikka
(Expert) 01 April 2014
u can file complaint before same court under section 340 crpc after holding by court thereby declaring that plaintiff has made false statement.contact your lawyer.
prithvi raj siakk advocate
lawjuris09@gmail.com
Rajesh
(Querist) 01 April 2014
Thanks for your advice. Now only confusion is whether to file complaint U/sec 340 before the same court before he delivers the judgement of ongoing civil case OR to file such complaint after the decision of my civil case.
Confusion has occurred because I strongly feel that I should file such complaint immediately now since all evidence have come on court's records and Judge will decide my ongoing case keeping in view this fact and he won't ignore my complaint. It is open and shut complaint. But my advocate has suggested to me that we should file after the decision of ongoing case , he says , the judge will decide on this falsification of evidence.
Hence I thought to sought the advice of you all so that we can decide properly.
T. Kalaiselvan, Advocate
(Expert) 02 April 2014
It is always better to wait for the result of the ensuing specific performance suit so that you can get a substantial evidence in the form of judgment to prosecute the intended section 340 case properly, further since your suit for specific performance is being held at a civil court, you may have to file the said criminal case before a criminal court only and not in this civil court. Go by the advise of your lawyer.
Advocate. Arunagiri
(Expert) 02 April 2014
The petition u/s 340 cr.p.c. can be filed in the same court even if it is a civil court. It is criminal case being inquired by the civil court. After the inquiry the Presiding officer of the civil court, will act as a complainant and will prefer a complaint to the jurisdictional Magistrate court. This complaint will be treated as a police complaint and further proceedings will start in the criminal court.
There is no legal bar on when to file this petition either before the judgement or after the judgement. Because this offense of perjury is a different case, which araised during the civil court's trial.
Even if anybody win or loose the case, they can file this petition even after the judgement. Take the advise of the advocate, he will suggest you depending upon the circumstances of the case.
