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Adv. Mohan Chandra (Self Employed)     25 December 2009

Link required to Sec.340

A Criminal suit has been filed against me u/s 138 for over 4 years now by a bank on the basis of some blank cheques under their custody the complainant reprsentative has been changed twice on both the occassion they have confirmed during cross examination that the bank had accepted blank cheques and filled the same when asked to submit evidence in the form of books of account and bills of exchange as mentioned in their complaint they have failed to submitt the same and infact have been absent in court and the honourable magistrate has cancelled the cross examination and ased me to wait for 3 months period (over on 14th Dec) to allow the complainant to appeal in higher court.

Some learned freinds in this forum had advised that I can apply for action against the complainant u/s 340. I will appreciate if some learned friend will re-confim the same and also provide me links of websites where I can read the same



Learning

 7 Replies

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     25 December 2009

 MOHANJI,

U CAN USE THE ATTACHED JUDGMENT OF SC


Attached File : 46 46 340 crpc.pdf downloaded: 134 times
2 Like

(Guest)

I hope the case you have stated clearly amounts to malicious prosecution against you. In this case, it is worthy for you to retaliate only in the form of filing a suit for damages and also filing of criminal complaint u/s.499 I.P.C. for defamation. Section 340 Cr.P.C. only deals with procedure contemplated for filing of false affidavits by culprits. This will not be beneficial to you and will give discretion to the Court to take it on record only if it finds that it is expedient in the interest of justice. Most of the complaints filed u/s.340 Cr.P.C. have proved futile. In order to teach your complainant a lesson and also corner him, suit for damages and complaint for defamation/malicious prosecution is the best.

Guru, Advocate, Chennai - 9884933374 / 9444624121.

1 Like

MOHANA SUNDARAM (Advocate High court Madras. M-9840908555)     25 December 2009

i agree with guru sir

N.K.Assumi (Advocate)     25 December 2009

Thank you Reddy Sir, for the citation.

girishankar (manager)     07 March 2010

Thank You Reddy Sir

ad. creaminall (professional Advocate)     08 March 2010

i agree with Mr. Guru his suggesion is practical.

girishankar (manager)     08 March 2010

Guru Ji Thank U


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