Criminal Suit for producing fake document in Civil Suit

The minimum punishment will be Imprisonment of either discription which may extend to 2 years or fine or both.

How many S. 340 CrPC cases been prosecuted till date !

In any divorce / 498a / dv act suit almost right from allegations to stridhan list to rest matters are false / forgery / breach of trust / defamation / damarages based. Please advise me how many of them been convicted till date?To me The reason being simple that the Hon'ble Judge does not see any of the matters brought before h/her to be crystal clear and or the matter has to be restarted right from the begining !

Regards,

D. Arun Kumar, New Delhi

(1) Log on to www.indiakanoon.org and refer to below two citations (offcourse they are from SCC but key in parties name you will find them in referred resource website)

(2) A.V. Papayya Sastry and Ors. Vs Govt. of AP and Ors. (2007) 4 SCC 221 AND

(3) Chandra Shashi Vs Anil Kumar Verma (1995) 1 SCC 421 In this case in the entire history of Indian Judiciary till date a party was sent to Jail for 3 months on forged document being Contempt of Court (crl.) which I find amusing vis a vis perjury (S. 340) most commonly done in matrimonial proceedings !

With highest regards Dr. self help is a must over prof. guidance to succed in litigation otherwise I also strongly believe in a saying that "a litigant must approach Hon'ble Chair with a 'solution' and not with a problem !" :-)

Rgds,

D. Arun Kumar, New Delhi, 981162 4141

dear mr. Arun Kumar !

you are attesting the terible realities. i appreciate it.

so far law ,  regarding s.340 is concerned, if forgery was icommitted before said document was produced in court , Bar under S. 195(1)(b)(ii), is not applicable and the independant   criminal proceeding , without invoking s340, can be initiated.

Dear Dr. Tripathi,

Slightly heavy topic here in this same thread, but,

One what is the bar of S. 195 any precedent other than Marwah and Marwah citation from Apex Court you can bring to my knowledge?

And Two what is the ingrediants of a S. 340 suite that court sees and takes cognezence of and or does not see and does not take any cognegence other than dismissing it like a plain vanila?:-)

The problem in a civil suit where S. 195 r/w S. 340 is planned to be applied the prime facie (say crystal clear) cause is ignored by sitting Judge leave aside entertaining them. So a litigant even after showing crystal clear evidence is left with no other choice then to approach ASJ with S. 341 and or approach the same court with another S. 340 or if the litigant is having deep pockets then staright away approach HC...right.

Based on my experience and say atleast 40 other cases experiences in similar matters I have noticed many of the Judges donot even know bar of S. 195 and or what is S. 340 it is reality...want to see first hand meet me at Patiala House Court coming 29th. May when I will be doing prima facie argument on it in front of a MM you will be surprised on the ignorance part !

My point in all these exercise is why Judges hearing the S. 340 can't see the crystal clear evidence before them which any reasonable person (layman) overhearing a pleading will say yes it is a cas eof perjury

? If any one can explain that to me I and thousands of honest straight faced litigants like me reading these healthy discussions will be highly obliged.

Rgds,

D. Arun Kumar, New Delhi

Dear shri arun kumar !

i will post the citations alongwith comments shortly.

however on your feelings about law and justice , i remember a line of a hindi poem :

" sari mehfil ne pairvi kar li, maine ilzam ki hami bhar li;

meri maut ka faisla dekar, munsiff ne khudkushi kar li."

Gurudev !

"Abhi kafi case hai mere sir pey issi liye hanss nahi paa raha hun khuley dil se lekin apki baat bhi sahi hai."

I think you are referring to Geetika Batra Vs. OP Batra Case and or may be Marwah and Marwah !

Rgds,

D. Arun Kumar, New Delhi

Dear Dr. Tripathi,

Here u go :-)

"For taking cognizance of an offence on the ground of forgery the document which is produced before the Court, there is a bar under Section 195(1)(b) (ii) of the Code of Criminal Procedure, 1973, unless the complaint in writing is filed as per the procedure prescribed under Section 340 of the Code of Criminal Procedure by or on behalf of the Court."

CASES REFERRED:

C. P. Kotwal v. Ali Ashad, 2003 Cri. L.J. 2885

Gopalakrishna Menon v. D. Raja Reddy, AIR 1983 SC 1052

Indian Oil Corporation v. NEPC India Ltd. : (2007) 1 MLJ (Crl) 473

Iqbal Singh Marwah v. Meenaksh Marwah, : (2005) MLJ (Crl) 579

M. Ravi v. Elumalai Chettiar, : (2007) 1 MLJ (Crl) 207

Pasumai Irrigation Ltd. v. Mansi Finance Ltd. 2003 (2) CTC 270

Surjit Singh v. Balbir Singh, 1996 SCC (Cri) 521

M. Sadasivam & Ors. v. K Duraisamy (2008) 1 MLJ 9 (Mad.)



However I am still intereested to know procedure of S. 340 CrPC complain. You may write pvt. mail to me with ratio(s)  decidendi.

Anything else just whistle me up please !

Rgds, D. Arun Kumar, New Delhi

dear mr. kumar! in another thread mr. assumi has cited a governor deciding and rejecting his own application that was moved by him when he was a lawyer. it might be interesting for you .

here i refer a judge namely "cambro" of malta island of 18th century. he was only judge in the island. he was seeing from his window that a man was hotly chased by another and seeing a constable at distance the assailant leaving the knife in the wound ran away. soonafter, a baker who was passing by, saw the victim and tried to remove the knife. when he saw the constable, he got frightened and quickly stood up taking the blood stained knife and kept it in his bosket and concealed himself behind a house. when the constable came to the spot and saw the body of deseased, he guessed that murderer must be hiding himself at any nearby place and he promptly discovered the baker. all this was hapening before eyes of judge. after trial of the case, the judge brushed aside his personal knowledge that the baker was innocent and convicted him and awarded death sentence on the basis of strong circumstantial evidence.  he applied law as if he had not seen the occurrence and in similar circumstances he would convict anyone. the sentence was exicuted. after knowing the reality the public demanded blood of judge but the  jurists appreciated his conduct as he had done justice according to law

No, you can't file a criminal case outside of that civil court.  But you can file a perjury application and the trial court will file the case in a Magistrate court.

He should get punishment u/s 465 of IPC for forgery.  But if he apologises he will be let off.

This is what I think,  am I correct guys.

To add if the Plaintiff has not produced the forged document in the court and it is in his possession then a criminal can be filed in an Magistrate court.