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Raman Kumar (Student)     13 August 2022

Perjury in a suit for recovery

I have a question regarding perjury. The plaintiff filed a civil suit for recovery for around Rs 30 Lakhs. One of his pleadings were that that no C-forms were issued because of which he had to pay an additional tax of Rs 4 Lakhs. The court decided in the favour of the plaintiff and decreed for the entire amount of Rs 30 Lakhs. 

Now, the defendant has obtained a document under RTI from the sales tax office that they have received a C-form against the mentioned invoices and that no additional tax has been demanded from the plaintiff. The defendant has already filed for an appeal against the previous order. 

Can the defendant also initiate perjury proceedings against the plaintiff ? 


 1 Replies

Dr J C Vashista (Advocate)     14 August 2022

The case is already stated to have been decided / decreed in favour of plaintiff, where defendant has moved in appeal, application u/s 340 Cr PC shall not be entertained by Appellate Court.

However, a separate complaint u/s 200 Cr PC for taking cognizance u/s 340 Cr PC and proceeding for trail is maintainable.

It would be better to consult another local prudent lawyer. 

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