Submission of false document
Rajesh
(Querist) 22 November 2012
This query is : Resolved
Plaintiff during his Examination-in-Chief on 30th October , 2012 has submitted a photocopy of certificate of lien created on cheque of Amount Rs 20 Lakh dated 18th August,2012 from a Bank in support of his deposition that he is still ready & Willing to execute Agreement to Sell.
His cross examination is slated for 27th November ,2012.
In between , through cross checking of Bank Records with the Bank and information sought under RTI from concerned Bank, I as Defendant has found that the Plaintiff got issued Certificate of Lien frm his Bank on Saturday( 18th August) and on 20th August ( Monday) submitted a written request to the Bank for cancellation of lien and also submitted with the Bank original Copy Certificate of Lien and Cheque of Rs 20 Lakh. Bank on receipt of Plaintiff request cancelled on the same day the Certificate of lien.
Therefore, On the Date of Plaintiff's Examination-in-Chief on 30th October, he submitted a photocopy of already cancelled Certificate of lien . In other words, a photocopy of a non-existence document was submitted before Hon,ble Court and on objection of Defendant's advocate it was got MArked.
Please advise to me
(a) How I should proceed on this matter to effectively cross examination of Plaintiff scheduled for 27th November.?
(b) Can I also submitt an Application before Court U/sec 340 pf Cr PC. BECAUSE Plaintiff has played fraud with the Court by submitting a copy of a non-existence document.
(C)In order to succeed u/sec 340, What do's & don't have to adopted so as to Plaintiff can be charged for Criminal Offence.
Kiran Kumar
(Expert) 22 November 2012
Here is a question of Performance of Agreement to Sell on the date actually fixed for Execution of Sale Deed.
He might have got it cancelled subsequently. If he was prepared and willing to execute a sale deed on the appointed day then I dont think any fault shall be found in his stand.
You may cross examine him on this point, by confronting him with some relevant and contrary documents. You may summon the records from the bank as well.
Otherwise, its a matter of intentions of the Defendant also, whether the defendant was ready and willing to execute the sale deed.
Raj Kumar Makkad
(Expert) 25 November 2012
One should approach the court with clean hands and should not lie and should not produce the documents which are false or fabricated. In the given case, whatever may be the suit matter, the question is the plaintiff while coming in the witness box, on oath deposed falsely and put the copy of the document which he had got cancelled on the same day (and which he didn't even disclose) so he has made purjury but you should not make haste in this matter.
You should summon his banker and should get it proved that the non-existent letter/document was produced and then file a separate complaint under section 340 of Criminal procedure Code.
