Application u/s 340 cr p.c. during high court appeal

Mahesh Chand Gupta (Querist) 10 October 2016 This query is : Resolved
A case was decided almost a year ago in which the court acquitted the accused of offences u/s 138 of NI Act. An appeal is pending against the judgment in High Court at present. In the actual case in lower court, the accused had given many false statements/evidences in the court. Hence, now, we are wishing to file an application u/s 340 Cr. P. C. against the accused for false statements/evidences. Can we file an application under section 340 Cr. P. C. during appeal against the judgment of the lower court in said case and almost 1 year after the closure of the actual case in lower court?

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P. Venu (Expert) 11 October 2016
The facts posted are less than material. Please post the complete facts.

Siddharth Dev (Expert) 11 October 2016
If evidence is prima facie only than you may get desired relief from High Court, As your LP is pending, Court may order for retrial if any triable issue had not been decided

Mahesh Chand Gupta (Querist) 11 October 2016
Dear sirs, it seems you are misunderstanding my query.

My query is "Can I file an application u/s 340 Cr. P. C. against the accused almost a year after the case was decided?"

Rajendra K Goyal (Expert) 11 October 2016
Whether the fact of false statement / evidences was pointed out by you during trial?

Whether any comment in judgement from court regarding such statement?

Have you brought on record the facts proving the statement / evidence to be false during trial?

Rajendra K Goyal (Expert) 11 October 2016
Have you gathered proofs to prove the statement false after decision?

What are the false statement / evidence in brief which are false in your views?

adv.bharat @ PUNE (Expert) 11 October 2016
Author need to explain the query raised by expert.

adv.bharat @ PUNE (Expert) 11 October 2016
Do u have the proof that what ever submitted is false? Be confirmed and then take this step.

Siddharth Dev (Expert) 11 October 2016
Nothing to add

Ms.Usha Kapoor (Expert) 12 October 2016
ANSWER TH E QUERIES RAISED BY EXPERT?

Rajendra K Goyal (Expert) 12 October 2016
Author is mum after posting query in casual way, not giving material facts/ replying questions from the expert.

Mahesh Chand Gupta (Querist) 12 October 2016
Dear experts, sorry for the late reply.

Yes, I have many proofs that the accused is guilty of false statements.

But my question isn't related to that at all.

My question is that if I can file my application u/s 340 Cr. P.C. now? To put it simply:-

Is my application u/s 340 Cr. P.C. time barred since it is already almost 1 year late?

Can my application u/s 340 Cr. P.C. not be filed in a case in which an appeal is also pending in the upper court?

Or can I still file my application u/s 340 Cr. P.C.?

Rajendra K Goyal (Expert) 12 October 2016
Author,

You have not replied all questions from the expert.

Full case file need to be referred, discuss with your lawyer, who is well aware of full case file.