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San Rao   23 June 2023

Can application under 340 crpc be filed in 138 ni case ?


A property was taken on lease by accused and rent defaulted hence this 138 ni case. Herein the property that the complainant had given was registered thru sale deed with forged govt sanctioned map for which now the accused has got the certified documents and all the evidence.

So the question now is Can 340 crpc of perjury be filed against the Complainant in 138 ni case by accused. the current stage of case is 313 statement of accused.


 7 Replies

Advocate Bhartesh goyal (advocate)     23 June 2023

No, until and unless  Court's  finding arrived that document is  forged, you can't initiate proceedings u/sec 340 Cr.P.C.

1 Like

T. Kalaiselvan, Advocate (Advocate)     24 June 2023

The property was let out on lease and not transferred by sale deed, therefore it will be considered as landlord tenant dispute alone and there is no question of the landlord playing fraud on the tenant, therefore it cannot be treated as the landlord has perjured the law..

It was the fault of tenant to not verify the title of the lessor to the property at the time of entering into the lease agreement, but now the tenant has defaulted the monthly rental payment hence in order to escape the liability of paying the defaulted rental amount, the tenant is adopting such tactics which is not maintainable because there is already a case filed by the    landlord against the tenant..

However the cheque bounce ase also may not be liable beause there is no legally lable debt on the part of the acused , if the rental cheque was dishonored then the landlord can file a money recovery suit to recover the arrers of rent.


Dr. J C Vashista (Advocate and Legal Consultant)     24 June 2023

Complaint case u/s 138 NI Act is different to leased / title transferred property. On the one hand you have stated the property is rented out and tenant has defaulted payment where State Rent Control Act / Transfer of Property Act apply; on the other hand you have stated there is forgery in Sale Deed.

Be clear in the facts.

P. Venu (Advocate)     24 June 2023

The facts, as posted, lack clarity. The title to the property appears to have nexus with the alleged offence under Section 138 NI Act.

T. Kalaiselvan, Advocate (Advocate)     24 June 2023

As observed by many experts above, it appears that you have not come out with the facts in order to get a proper clarification or that you are really not serous about the issue, hence the advises rendered by many experts above would be sufficient.

Dr. J C Vashista (Advocate and Legal Consultant)     25 June 2023

I fully agree with learned expert Mr T Kalaiselvan, prima facie facts posted are hypothetical with time pass query.

P. Venu (Advocate)     25 June 2023

In my above reply "The title to the property appears to have nexus with the alleged offence under Section 138 NI Act."   may kindly be read as "The title to the property appears to have NO nexus with the alleged offence under Section 138 NI Act."


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