Ashish Singla 098140 76600 (Cheque Victim's Lawyer. LUDHIANA (PB)) 18 February 2013

Complaint u/s 340 crpc.

hi,

One of my Complainant produced his balance sheet in his evidence in court showing a praticular balance against my clint ( accused). But he skipped to enter some part payment recived from accused ( there is stanard evidence) . I opted to file a complaint u/s 340 crpc for such perjury act . Before accepting that application JMIC told me that are you aware of Inderjeet Singh Marwah case of 2010 ( something precautional in app of 340 crpc ). Can someone can tell me what is that case detail.

thanks.

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2 Replies

madhu mittal (director) 19 February 2013

I am attaching that judgement

Attached File : 302089126 iqbals~1.doc downloaded: 197 times

R Trivedi (advocate.dma@gmail.com) 24 February 2013

Now since you filed the application, what much can be done.

Your application under S.340 is perfectly ok, and there is no bar as hinted by the court. But in such matter I would have suggested you to confront the complainant with this evidence at the time of cross. This would have certainly gone in your favor and after that should have filed an application with the court to initiate the process of perjury.

At this stage on this application he would certainly contest that the missed payment was for some other settlement, so to certain extent you would end up diluting your solid evidence regarding laibility amount.