340 Crpc against case dismissed
Kumar Krishan Agarwal Advocate
(Querist) 05 February 2011
This query is : Resolved
My learned Friends,
I have filed a personal compensation(damages) case before District Consumer Court, Muzaffarnagar, U.P against electricity department which was dismissed on the false evidences shown by the adverse party. Now if I'll go for Appeal U/15 in State Consumer Forum which is 1000 KM away (i.e In Lucknow ) then cost of expenses much higher and I have not known any good advocate in Lucknow or If I go for himself in filling and contesting Appeal then physical inconvenience and cost may trouble me a lot.
Now my Queries are?
1. Can I file a case of Sec 340 Crpc before the Consumer forum or before CJM Court for making/giving false evidences although my case is dismissed and case was closed?
2. Can I file the fresh case of private complaint with damages before CJM court as the incident was occurred 1.3 years back and comes under the limitation which of three years under Crpc for filing any case if punishment is greater than one year?
Arvind Singh Chauhan
(Expert) 06 February 2011
1. No only authority before which false evidence was given may file.
2. Not damages but compensation may be claimed along with punishment of a crime, from criminal court within the limitation period.
Guest
(Expert) 06 February 2011
I think you have two good cases on hand. One is, as usual, subject to limitation, an appeal against the dismissal of your complaint in Dist. Forum. Second, as you rightly thought, u/s.340 Cr.P.C. Since you say the State Commission is far off, you may file u/s.340 Cr.P.C. before the Dist. Forum. But you should be able to explain why it took 1.3 years delay from the incident occurred? with some plausible explanation (of course, it is not legally required).
Guest
(Expert) 06 February 2011
When the evidence of opposite party believed by the forum how you claim them as false evidence . Only way to prefer appeal before State forum,. Consumer forum are not court hence it is doubtfull whether provisions of section 340 Cr.P.C. will apply in your case.
