Application u/s 340 cr. p. c.

Sec.340 is a procedure to be adopt in cases fall u/s 195.

Therefore in my opinion trial court must inquire as and when such complaint reported during trial by following  procedure laiddown under sec 340.

but court may postpone its decision till the complition of trial.

 

1. Pls help me,Its CRPC 340 on me!!!! what to do? ... aganist to me u/s 193195, 197198, insection 340 and the invistigation process started .
   
2.  

Dear Dharmendrasinhji,

If the offender is a company, can the application u/s 340 be filed against the Chairman/MD? The deponent was at the time an officer of the company but has resigned now.

Dear Milap,

Every fact does not give rise to application under section 340 Cr.p.c.  now a days courts are avoiding to proceed with the application as the judge has to become complainant before the magistrate hence they dismiss it. Please clarify so that better opinion can be advised.

Dear Scott,

You can contact me for opinion.

 

Dear Mr. Ramaprasad,

The company and its authorised representative are liable to be prosecuted only not the directors because directors will show their ignorance.

 

Rajiv Bhasin

Advocate

Bhasin Legal Consultants

SOLICITORS AND ADVOCATES

www.bhasinlegalconsultants.com

In view of Two Supreme Court Judgments, this is mandatory for trial Courts to get inquire the matter as and when application under Section 340 of Cr.P.C. are filed. Citing:-

CITINGS:-

(1) 2005(4)SCC370, 2005(3)SCALE9, 2005(3)JT195, CASE NO.: Appeal (crl.) 402 of 2005, PETITIONER: Iqbal Singh Marwah & Anr. RESPONDENT: Meenakshi Marwah & Anr. DATE OF JUDGMENT: 11/03/2005; and 

(2) 2001 AIR 2204, 2001(3) SCR 750, 2001(5) SCC 289, 2001(4) SCALE  199, 2001(1)  Suppl.JT 332, CASE NO.: Writ Petition (civil) 77 of 2001, PETITIONER: RE: SUO MOTO PROCEEDINGS AGAINST MR. R, KARUPPAN, ADVOCATE DATE OF JUDGMENT: 12/05/2001

In the above Citing No. 1, Hon'ble Supreme Court interalia holds as follows:-

21. Judicial notice can be taken of the fact that the Courts are normally reluctant to direct filing of a criminal complaint and such a course is rarely adopted. It will not be fair and proper to give an interpretation which leads to a situation where a person alleged to have committed an offence of the type enumerated in clause (b)(ii) is either not placed for trial on account of non-filing of a complaint or if a complaint is filed, the same does not come to its logical end. Judging from such an angle will be in consonance with the principle that an unworkable or impracticable result should be avoided. In Statutory Interpretation by Francis Bennion (Third ed.) para 313, the principle has been stated in the following manner :

"The court seeks to avoid a construction of an enactment that produces an unworkable or impracticable result, since this is unlikely to have been intended by Parliament. Sometimes however, there are overriding reasons for applying such a construction, for example where it appears that Parliament really intended it or the literal meaning is too strong."

The learned author has referred to Sheffield City Council v. Yorkshire Water Services Ltd. (1991) 1 WLR 58 at 71, where it was held as under :

"Parliament is taken not to intend the carrying out of its enactments to be unworkable or impracticable, so the court will be slow to find in favour of a construction that leads to these consequences. This follows the path taken by judges in developing the common law. The common law of England has not always developed on strictly logical lines, and where the logic leads down a path that is beset with practical difficulties the courts have not been frightened to turn aside and seek the pragmatic solution that will best serve the needs of society."

In S.J. Grange Ltd. v. Customs and Excise Commissioners (1979) 2 All ER 91, while interpreting a provision in the Finance Act , 1972, Lord Denning observed that if the literal construction leads to impracticable results, it would be necessary to do little adjustment so as to make the section workable. Therefore, in order that a victim of a crime of forgery, namely, the person aggrieved is able to exercise his right conferred by law to initiate prosecution of the offender, it is necessary to place a restrictive interpretation on clause (b)(ii).

In the above Citing No. 2 the Hon'ble Supreme Court interlia holds as follows:-

In India, law relating to the Offence of perjury is given a statutory definition under Section 191 and Chapter XI of the Indian Penal Code, incorporated to deal with the offences relating to giving false evidence against public justice. The offences incorporated under this Chapter are based upon recognition of the decline of moral values and erosion of sanctity of oath. Unscrupulous litigants are found daily resorting to utter blatant falsehood in the courts which has, to some extent, resulted in polluting the judicial system. It is a fact, though unfortunate, that a general impression is created that most of the witnesses coming in the courts despite taking oath make false statements to suit the interests of the parties calling them. Effective and stern action is required to be taken for preventing the evil of perjury, conceitedly let loose by vested interest and professional litigants. The mere existence of the penal provisions to deal with perjury would be a cruel joke with the society unless the courts stop to take an evasive recourse despite proof of the commission of the offence under Chapter XI of the Indian Penal Code. If the system is to survive, effective action is the need of the time.

Please read the citation no one fully and completely though you have done hard work to find them.

Please read the imp section of this citation mentioned by you-

 

 

9.    In Iqbal Singh Marwah & Anr. v. Meenakshi  Marwah  &  Anr.,  AIR

      2005 SC 2119, this Court observed:

 

 

              “In view of the language used in Section 340 CrPC  the  court

           is not bound to make a  complaint  regarding  commission  of  an

           offence referred to in Section  195(1)(b),  as  the  section  is

           conditioned by the  words  “court  is  of  opinion  that  it  is

           expedient in the interests of justice”. This shows that  such  a

           course will be adopted only if the interest of justice  requires

           and not in every case. Before filing of the complaint, the court

           may hold a preliminary enquiry  and  record  a  finding  to  the

           effect that it is expedient in the  interests  of  justice  that

           enquiry should be made into any of the offences referred  to  in

           Section 195(1)(b). This expediency will normally  be  judged  by

           the court by weighing not the magnitude of  injury  suffered  by

           the person affected by such  forgery  or  forged  document,  but

           having regard to  the  effect  or  impact,  such  commission  of

           offence has upon administration of justice…..”

 

 

The apex court has quoted this para in 2013  ASHOK KUMAR case with following directions -

 

whether such a prosecution is necessary in the interest of justice

When it is a case of giving false evidence, can Sec 340 CrPC and Sec 193 IPC be both pursued?

I fully agree with you that when any court  is  of  opinion  that  it  is expedient in the interests of justice” and the interest of justice  requires. Before filing of the complaint, the court may hold a preliminary enquiry  and  record  a  finding  to  the effect that it is expedient in the  interests  of  justice  that enquiry should be made into any of the offences referred  to  in Section 195(1)(b). This expediency will normally  be  judged  by the court by weighing not the magnitude of  injury  suffered  by the person affected by such  forgery  or  forged  document,  but having regard to  the  effect  or  impact,  such  commission  of offence has upon administration of justice. 

 

In my case, the Complainant filed an application under Section 156(3) of Cr. P. C., without any bonafide reasons and grounds but knowing filed to obtain an illegal Order, which is under the law is not due, by creating a false story to misuse the Administration Of Justice, which is in my view is an matter concerned interest of justice, and Judge can weighing the effect and impact upon the Administration of Justice, which should be decided by applying the judicial mind only.    

Dear Sir, Read the entire thread. there are two complaints against me and my family under sec 156(3). The case has been filed on the basis of false information. The Police officials have given there status report stating there was no cognizable offence. I am worried about the cases as these are false cases against us showing the injury cause by me and family. On the contrary me and my family were beaten and when we went to Police station for filing the complaint and got our medical done , they called there layer and fabricated the story.After two months they have file dthese case. Plz help as I don't want to go to court for these false case. Is there any remedy we get exemption from appearance.