Petitioner sought direction to Debt Recovery Tribunal to initiate criminal prosecution for false evidence. Court held that under Section 195 Cr.P.C., only the Presiding Officer can file a complaint under Section 340 for offences in proceedings. Petition bypassing this was dismissed.
Direction sought was refused; petition dismissed.
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Crl.O.P.No.1834 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.02.2023
CORAM
THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN
Crl.O.P.No.1834 of 2023
S.Elred Kumar ... Petitioner
Vs.
M/s.City Union Bank Ltd., Represented by its Chief Manager, C.Venkatraman, No.706, Ashok Nagar, Chennai. ... Respondent
PRAYER : This Criminal Original Petition filed under Section 482 of Cr.P.C., to pass a direction Debt Recovery Tribunal II, Chennai to initiate criminal prosecution under Section 195(1)(b) r/w 340(1) Cr.P.C against the respondent for producing false evidence under Section 192 and 193 IPC in O.A.No.33 of 2014 on the file of Debt Recovery Tribunal II, Chennai.
For Petitioner : Mr.K.P.S.Palanivelrajan
ORDER
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This Criminal Original Petition has been filed for directing the Debt Recovery Tribunal II, Chennai to initiate criminal prosecution under Section 195(1)(b) r/w 340(1) Cr.P.C against the respondent for producing false evidence under Section 192 and 193 IPC in O.A.No.33 of 2014, on the file of Debt Recovery Tribunal II, Chennai.
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the Debt Recovery Tribunal II, Chennai to initiate criminal prosecution under Section 195(1)(b) r/w 340(1) Cr.P.C against the respondent for producing false evidence under Section 192 and 193 IPC in O.A.No.33 of 2014 on the file of Debt Recovery Tribunal II, Chennai.
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follows,
“(1) No court shall take cognizance-
(a)
(i) If any offence punishable under sections 172 to 188 (both inclusive) of the Indian Penal Code (45 of 1860), or
(ii) Of any abetment of, attempt to commit, such offence, or
(iii) Of any criminal conspiracy to commit, such offence,
Except on the complaint in writing of the public servant concerned or of some other public servant to whom he is administratively subordinate;
(b)
(i) Of any offence punishable under any of the following sections of the Indian Penal Code (45 of 1860), namely, sections 193 to 196 (both inclusive), 199, 200, 205 to 211 (both inclusive)
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and 228, when such offence is alleged to have been committed in, or in relation to, any proceeding in any court, or
(ii) Of any offence described in section 463, or punishable under section 471, section 475 or section 476, of the said Code, when such offence is alleged to have been committed in respect of a document produced or given in evidence in a proceeding in any court, or
(iii) Of any criminal conspiracy to commit, or attempt to commit, or the abetment of, any offence specified in sub-clause (i) or sub-clause (ii), except on the complaint in writing of that court, or of some other court to which that court is subordinate.”
6. It is clear that, the complaint should be given only by the Court or by
such officer of the Court, as that Court may authorize in writing in this behalf, or of some other Court to which that Court is subordinate. Thus, in the case before hand, only the Presiding Officer of Debt Recovery Tribunal-II, Chennai or the
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person authorized by him can alone give a complaint in this regard.
the complaint should be proceeded,
“340. Procedure in cases mentioned in section 195.
(1) When upon an application made to it in this behalf or otherwise any court is of opinion that it is expedient in the interest of justice that an inquiry should be made into any offence referred to in clause (b) of sub-section (1) of section 195, which appears to have been committed in or in relation to a proceeding in that court or, as the case may be, in respect of a document produced or given in evidence in a proceeding in that court, such court may, after such preliminary inquiry, if any, as it thinks necessary,-
(a) Record a finding to that effect;
(c) Send it to a Magistrate of the first class
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having jurisdiction;
(d) Take sufficient security for the appearance for the accused before such Magistrate, or if the alleged offence is non-bailable and the court thinks it necessary so to do send the accused in custody to such Magistrate; and
(e) Bind over any person to appear and give evidence before such Magistrate.
(2) The power conferred on a court by sub-section (1) in respect of an offence may, in any case where that court has neither made a complaint under sub-section (1) in respect of that offence nor rejected an application for the making of such complaint, be exercised by the court to which such former court is subordinate within the meaning of subsection (4) of section 195.
(3) A complaint made under this section shall be signed, -
(a) Where the court making the complaint is a High Court, by such officer of the court as the
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court may appoint;
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the respondent for producing false evidence, which is against the law.
01.02.2023
Internet : Yes / No Index : Yes Speaking/Non speaking order gd
To
2.M/s.City Union Bank Ltd., Represented by its Chief Manager, C.Venkatraman, No.706, Ashok Nagar, Chennai.
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G.CHANDRASEKHARAN,J.
gd
Crl.O.P.No.1834 of 2023
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01.02.2023
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2 issues framed by the court
Whether a High Court can exercise suo motu powers under Section 482 Cr.P.C. to initiate criminal proceedings under Section 195(1)(b) for offences committed in court proceedings.
Whether the procedural mechanism under Section 340 Cr.P.C. mandates a preliminary inquiry and a complaint by the Presiding Officer before prosecution for offences under Sections 192 and 193 IPC.
4 provisions across 2 enactments
S.Elred Kumar
M/s.City Union Bank Ltd.
G.ChandrSekharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
