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madhu mittal (director)     22 July 2011

False affidavit by Surety in a case u/s 138 N I Act

In a case u/s 138 Negotiable Instruments Act there were two accused say A and B, so one surety named X gave bail for both the accused. The said person X gave bail to another accused named C in a separate case u/s 138.While giving bail for each accused, the surety X executed an affidavit. So in these way Surety X executed three affidavit and in each affidavit there is one point of affidavit that I ( i.e. surety) am not surety for any other accused. Now my question is whether the Surety X is not guilty of perjury u/s 193 IPC for giving false affidavit. If yes, how and in whose jurisdiction can he be prosecuted for this offence.



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 4 Replies

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     22 July 2011

you have posted same querry again, this is a minor problem. 

SACHIN AGARWAL (ADVOCATE)     25 July 2011

This is illegal but normally the Courts do not take any action in such petty matters.

harshit saxena (student)     26 July 2011

you can file a complaint u/s 340 cr.pc against surity....
you may also ask court to take fresh surity,as wrong affidavit is filed..

how ever if surity is financially sound,he may become surity of other,but normally to curb surity business to be a surity,affidavit is sought..

DEEPAK ASSOCIATES (08010117611)     21 May 2012

As per section 441A CrPC is mandatory that the every person standing surety to an accused person shall disclosed as to haw many cases he has already stood surety to accused persons, therefore MR X can be prosecuted u/s 199 IPC (not 193 IPC) r/W section 340 CRPC by any of the court where X has submitted the affidavits.

If it is prove that Mr X  used to stand as surety, the court will take the necessary legal step otherwise it is a minor one. ignore it


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