When can appln. u/s 340 be filed?
Ashesh Singh
(Querist) 25 April 2023
This query is : Resolved
In a civil suit filed for recovery of rent for a commercial property the tenant in his reply has averred that he has done printing work for around Rs. 80,000/- for landlord's friend, on the promise made by the landlord that he will be making the payments for the same and the tenant has even filed a copy of the forged Tax invoice with the purchaser's name and with landlord's name in brackets ( ). It is a totally forged and fabricated document and he has filed a copy of it and has been marked exhibit in a casual manner by his lawyer in his reply along with list of documents filed, with tenant's affidavit in support thereof. The suit is at initial stage itself and the rejoinder is yet to be filed by me. My query is can i file an application u/s 340 r/w S. 195 Cr.P.C. at this stage itself alongwith my rejoinder or can such an application be filed only upon the filing of the original at the time of leading evidence? Because that might take long and my client is landlord who is already very troubled by this tenant who is now indirectly asking from landlord for lakhs for vacating the premises. Many thanks in advance to the legal experts dealing with matters in these areas because such unscrupulous tenants trying to mislead the court by filing of forged documents (though only copies presently) must be dealt with at the soonest and waiting for the evidence stage would be defeating the very objective of law. Insights with how should i play it out will be highly appreciated.
Regards
Ashesh Singh
K Rajasekharan
(Expert) 25 April 2023
You cannot file a complaint. a court alone can file a complaint under 340/195 complaint.
Kindly see some more details with necessary links at https://lawwatch.in/offence-of-giving-false-evidence-in-court/
Ashesh Singh
(Querist) 25 April 2023
Sir, but i believe an application can be moved by me before the court to make preliminary investigation and then the court may forward the same to the Magistrate of competent jurisdiction to initiate proceedings. Kindly correct me if i am wrong. And the link provided by you is not working/not available.
P. Venu
(Expert) 25 April 2023
Let the Court, first of all, decide the main issue.
Ashesh Singh
(Querist) 25 April 2023
for deciding the main issue that is being, "whether the rent has been paid or not?", the copy of forged document supported with affidavit has been filed in order to distract and delay. So, deciding the main issue will take long causing undue harassment. Kindly suggest an expeditious way Sir.
Advocate Bhartesh goyal
(Expert) 25 April 2023
No, you can't file petition u/sec 340/195 Cr.P.C until and unless court arrived conclusion that document is forged.
T. Kalaiselvan, Advocate
(Expert) 26 April 2023
Your opinion that the documents filed by the tenant are fake is not correct, this has to be proved before court at the time of trial.
If the trial of case itself has not begun then where is the question of marking those documents as exhibits.
By mere filing of those documents, it cannot be considered as exhibits until and unless it is marked by the author or the witness who relies upon and if it is a photocopy then the court itself would reject the same.
You should have a control over your anxiety because without proving those documents as fake or forged before court, he cannot be considered to have done any crime or offence.
Dr J C Vashista
(Expert) 26 April 2023
The plaintiff has to file a Statement of Truth in terms of First Schedule, Order VI- Rule 15A of the Commercial Courts Act, 2016 (as amended) read with Order XI- Rule 3 CPC for which you can file complaint u/s 340 CrPC even lis pendence.
