Is it perjury

yes, you can file a complaint case u/s 340 of crpc for perjury.

Sir, i have filed the application, court to decide as complainant witness delaying case. my question is ; ABOVE STATEMENTS COMES IN THE FALSE EVIDENCE OR PERJURY ? can he take some argument that he forgotten.

For such minor issues no PERJURY is initiated. See what SUPREME COURT SAYS IN SUCH MATTERS.

      2005 SC , 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”. 

HOWEVER YOU HAD GOOD OPPORTUNITY TO DERAIL THE CASE BY EXPERT CROSS. BUT FAR WHICH EXTENSIVE PRIOR EXPERIENCE IS NEEDED.

Thanks you Laxmi sir, is it minor issue that witness in affidavit says he was given the cheque and in the cross he says it was given in his absence

That is why I have posted SC citation. As a fact courts are reluctant to take any action for PERJURY applications  since the court has to make complaint and it is further long process of trial  and  the Judge  making complaint has to come to give testimony. and face cross by the opponent.

Your case was very simple or it had become simple.

By properly planning the cross the record should have been  brought that his statement  that is the statement of the complainant in the affidavit is false., and the case would have been derailed.

At  such occasion the advocate  should take adjournment or some pretext or other and continue cross on next date after proper planning of all possible question relating to possible answers.

Thank you, I am not worry if it is perjury or no perjury, but will this statement, which is false, will it help me ?

  Non Banking Companies mostly take blank signed cheque from borrowers before giving loan, while filling case u/s 138 they always on affidavit state that cheque  was given just few days before it was presented. If it is proved that this statement is false, Can accused file perjury complaint?

If every such cases perjury applications are taken and you have to make many more courts.

Contest the case on various other faults and confuse the complainant witness by good cross.

Citations and cross citations are always available on either side. Our courts are bit reluctant on perjury aspect, but please understand anything brought to the notice of the court by the way of an application has to be decided by the Hon court. In general the court sees that was the falsehood deliberate and of  any material value to the case, the problem is understanding of perjury by litigants.

1. If two material points are made on oath at different stage of proceedings by the same witness, and if both cannot be true together, then it is perjury and requires no proof about which statement is false. For example in a murder case, if the witness says during examination in chief (on oath) that he saw the accused stabbing the victim, but during cross (again on oath) if he says that he did not see the accused stabbing and infact he was not present at the scene of crime. THIS IS PERJURY....CONVICTION VERY LIKELY.

2. What is stated at the time of police report or S.164 etc and if contradicted at the time of cross, then it is no perjury, till the statement made at the time of cross is not proved to be false by opposing side. This can be used to discredit the witness only.

The point is simple, either the record on oath should have two blatantly mutually exclusive statement or the statement on oath must be proved to be false. All lies must be material to the case, no minor variance, no memory lapse;  blatant deliberate and with knowledge false statement fetches perjury.

In Raju's case.... Both these statements are on oath and both cannot be true together...... now the second important part is : Is this falsehood of any material value to case... in my opinion it is, because cheque receipt by complainant is important aspect (refer S.139 presumption is on receipt aspect) and moreover it puts a question mark on witness being competent to give evidence about cheque receipt when he was not present ? This cannot also be a memory lapse or minor variance. THIS IS PERJURY, ASK YOUR LAWYER to PUSH IT, COURT WILL FIND DIFFICULT TO DISMISS YOUR APPLICATION u/s 340 CrPC.

Regarding Kapoorsatish case, if it can be proved cogently that cheque was issued long back not what the bank is claiming, then atleast court shall adversely infer that the complainant has not approached the court with clean hands and deserves no relief. This is where court may insist even sound evidence even to admit/support the application under S.340 CrPC.