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Pinky   05 December 2023

340 crpc

In one criminal case. One of the witnesses was out of india. His witness was to be recorded on one fine day, therefore he communicated with state PP. through whatsapp and shared an application to be filed under 91 crpc for production of original documents and put his name below the application as we usually do at the bottom.

He sent another application putting his name at bottom and informed the state pp to move another application of waiving of his physical appearance and allow for virtual video conferencing mode.

state pp made his signature and stricken out the name of witness on objection of defence advocate.

both the application wasn't allowed and magistrate verbally told that court had taken undertaking from one about his appearance in short coming days.

On his appearance day he put his signature above the name which was stricken out by state pp. and the defence advocate started raising a question thaat witness is trying to misguide the court , and asked why the name was striken out ? wasnt is your signature ?

the witness replied (unknowing what is digital signature) that is his digital signature.

again the defence advocate raised the question whether another signature made is also his signature ?
witness replied Yes that is he is present and he made.

Now the defence advocate started requesting the court .. that he will file 340 crpc application against the witness that he is making forge signature on application. and misguiding court .

Point to be noted :
his name was already striken out at the filing application of production of document.
He was present and that he moved application so he made his signature.

Question of Law.

whether 340 crpc can be applicable on such ground that in presence signature was made differently and that name which was already striken before filing an application to be consider as forged signature ?

whether any words being striken ou
t can be considered as equal as non striken out words and sustainable in the eyes of lae as an act of forgery and comes under ambit of 340 crpc and whether applicant liable to be prosecuted ?.


 5 Replies

Real Soul.... (LEGAL)     05 December 2023

It appears to be acadmic assignment, the signature can be disputed by the person who signs and non else, it is really unwanted parctice and such things don' bother courts 

1 Like

T. Kalaiselvan, Advocate (Advocate)     05 December 2023

On the basis of your post it doesn't attract section 340 cr.p.c nor any offence. 

If the opposite advocate has any objection,  he can record it in writing and let the court decide the same on merits 

2 Like

Pinky (Housewife)     05 December 2023

Defence advocate recorded his say in writing.


Witness made submission that striken out was his digital signature so 

1. Whether the court granted permission to make his digital signature?

2. The witness should give his reply on affidavit. 


Court action:

Seen and filed..

T. Kalaiselvan, Advocate (Advocate)     05 December 2023

The opposite advocate can file his say, but it is not obligatory on the part of the court to comply with the such fancy desires of the opposite advocate.

The court will follow the procedures of law that too only after hearing both the sides on this, in fact the objections raised by the opposite advocate do not seems to be maintainable.

1 Like

Pinky   05 December 2023

T.Kalaiselven Advocate. Thanks for your reply.. Appreciated your views.. I agree on the point you mentioned in your reply.

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