For an undisputed debt, I served a winding up notice on a company. I already had their letter, acknowledging exact debt, to be confirmed by me to their auditor. Yet, respondent disputed debt after receiving notice. Even in high court, in respnose to winding up petition, respondent denied liability and even on oath, even denied correspondence and everything. On next date, respondent offered to make part payment in full and final settlement.
This should be enough to convince court that respondent has been lying. Can I now prosecute the respondent with such evidence inside and outside courts? Pls advise.
when the respondent is ready to pay in full why u r going to file another criminal case agaist him? is it necessary for the end of justice?
yes, you can prosecute by filing an application under section 340 of Cr.P.C., read with section 195 of Cr.P.C., in which court he has given an false evidence. The court after recording a preliminary eqnuiry will appoint an officer of court it file a case for prejury.
with Regards,
Advocate R.Raaja Rajane
contacat Mobile No.9442400103
Advocate R.Raaja Rajane view in responce to your question is seemengly correct.rest depends on the factual matrix of the case
There is an increasing tendency in courts for respondent to simply deny everything, even directorship of the person he has been dealing with, fact of supply of material, everything, and frustrate plaintiff into proving the obvious and needless things, and cause delays. In the end when judgment seems inevitable, offer payment and get away with all the lies. This is bad. A lie spoken in court in whatever form, must be punished. it is a contempt of court anyway, but ou judicial system is used to such tactics and does not mind it at all. With the result, "jiski lathi uski bhains"
Rgds,
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