False application by complainant
Adv. Mohan Chandra
(Querist) 18 February 2013
This query is : Resolved
A Advocate applied for substitution of Complainant representative on the ground that the Original representative has left service. The Ld. Magistrate accepted the application and passed the order for substitution.
Subsequently the substituted complainant representative submitted during cross that the original representative is in service of the bank and that he has discussed the case with him.
Is the false application and the subsequent submission liable for any action.
Regards
ajay sethi
(Expert) 18 February 2013
anadvocate makes submission on basis of instructions received . if company has misguided the lawyer that representaive has left the company then coomplainant company cna be taken to task by the court for making false statements .
Devajyoti Barman
(Expert) 19 February 2013
The evidence is right. Since the matter involves documentation, anybody receiving the information proceed with the prosecution.
Adv. Mohan Chandra
(Querist) 19 February 2013
Thank you sir,
I am aware that the Advocate makes submission on behalf of the complainant and I am talking about action against complainant.
In addition to action u/s 182, 199 & 200 of IPC is an more severe action permissable under some other sections
R Trivedi
(Expert) 19 February 2013
Is it a criminal case ? Please give more details about case and nature of complainant.
R Trivedi
(Expert) 20 February 2013
1. If the payee is Proprietorship firm, then substitution of complainant is difficult.
2. if the original complainant gave his evidence as affidavit, then accused has absolute right to cross him under S.145 of NI Act. If he is alive, he cannot run away. If he was the only witness at the time of examination under S.200, his evidence will not be read and it will be difficult for the court to convict.
3. The well settled position of the law is in case of companies/firms, any authorized person can become the complainant at any stage (substitution with the permission of the court), but giving evidence is altogether a different thing.
prabhakar singh
(Expert) 20 February 2013
What transpires to me is that complainant is a bank whose previous representative was substituted by present one on a false stated application that the former has left the employment of the bank and has now come to light during cross examination of presently substituted representative that former is still in service.
You feel aggrieved as the court was misguided placing wrong facts before the court.
If my comprehension of facts is correct and the application of substitution was supported by affidavit then you may plead a case of perjury to be initiated against the person who has deposed that affidavit.
Adv. Mohan Chandra
(Querist) 20 February 2013
Thank You, Mr. Sethi, Mr. Barman, Mr. Makkad, Mr. Trivedi and Mr. Prabhakar Singh.
