Whether petitioner/respondent false submission in the reply affidavit can be booked?

G V Triveni Prasad (Querist) 23 November 2010 This query is : Resolved
I was reading the Experyts views on the matter and want further clarification
In my case it was a public sector bank which has quoted some OS no while making out a claim agains me which was proved by documentary evidence as false and was accepted by judge so.
my question is hwter I have to intiate the action against the Bnak u/s 340 Cr.P.C. or was it for the Judge on observation to permit the action under the section

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Parveen Kr. Aggarwal (Expert) 23 November 2010
Section 340 of the Code of Criminal Procedure, 1973:

"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;

(b) Make a complaint thereof in writing;

(c) Send it to a Magistrate of the first class 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 sub-section (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 court may appoint;

(b) In any other case, by the presiding officer of the court.

(4) In this section, "court" has the same meaning as in section 195."

The court may form an opinion either on an application or otherwise. But generally courts do not initiate proceedings suo moto and an application has to be made for initiation of the proceedings under the said provision. So, you should make an application to the Court for initiation of the proceedings under section 340 of the Cr. P. C.

Devajyoti Barman (Expert) 23 November 2010
See , every information which is not right can not be amenable to perjury. The moot point is whether those statements were made with the full knowledge of its falsity so that the court/tribunal gets misled and the person making those false statments gains unlawful favour out of it.
So your case has to be weighed in that yardstick.