This query is : Resolved 

20 June 2013

Many a time, cases u/s 138 N I Act, an application was filed in trial court having false statement that cheque handed over as a blank cheque, and it should be sent for FSL test, just to delay the proceedings, whereas the post dated cheques duly filled up by accused in his own handwriting and along with a signed letter of handing over cheques with cheques description just like date, amount ,cheque no. , the drawee bank name were given at the time of taking loan. Does this come in perjury as the application is not supported by any affidavit and there is no verification as in Affidavit?

ajay sethi (Expert)
21 June 2013

that the allegations made are flase have to be proved . it is only after forsenic test report is received and taken on record will the true facts emerge .

madhu mittal (Querist)
21 June 2013

Thank you for reply.
If application is dismissed as no need of sending to FSL. Now if complainant got a report from Private Hand Writing Expert that the writing on the cheque and writing on the other papers submitted in the court by the accused at the time of taking bail i.e. Bail bond are of the said person, can accused be prosecuted for perjury as well as/or for any other offence, as accused application for sending the cheque is neither supported by affidavit nor there is any verification. Thus main question and confuse of me is, though the application in criminal trial presented and decided, yet they are not supported by affidavit or any verification, yet if there is any false statement in the application, can the accused be prosecuted for perjury offence?Please guide clearly.

Raj Kumar Makkad (Expert)
23 June 2013

This is a clear case of prejury. Statement even if the same is oral, if mad before the court with malafide intension which according to him is false attracts prejury.

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :


  LAWyersclubindia Menu

Indian Evidence Act     |    x