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Sandeep Jagtap   29 June 2025

Remedy on false submissions by defendant's advocate for prolonging the matter

I have filed a complaint under 138 NI ACT. The advocate of accussed is submitting the applications containing the false and misleading information regarding that the accussed have gone to District court and Honorable Highcourt for the same.But this information is fake as they have no any single application in any of the higher courts.Both the accussed and their advocate are misleading the court only for the purpose of prolonging the matter.

What's the legal remedy for me to take action against these accussed and their advocate 



 3 Replies

T. Kalaiselvan, Advocate (Advocate)     29 June 2025

If you are sure that there are no such proceedings pending either before the district court or high court, you can strongly object the same and if the accused side is filing any memo then it will be treated as perjury for misleading the court with false information, you can inform court about their false and cheating attitude which is consdiered as playing fraud on court, you may better consult your advocate and proceed as suggested

1 Like

Dr. J C Vashista (Advocate )     30 June 2025

Request the court to submit details of case(s) being attended by the accused on the date, which you can disprove, if you have complete knowledge of misleading and false information being submitted to the Court.

However, you / your counsel will have to be proactive qua analyses of facts and circumstances as applicable in your case,  which has to be specific and cannot be generalised / presumed by the experts on this platform.

1 Like

Advocate Shivchand Mishra (Practicing Advocate )     01 July 2025

If you are sure about the applications filed by other side contain false and misleading facts, you can file a written complaint for perjury including the prayer to forward reference for contempt of court to Hon'ble High Court, as the conduct of other side also amounts to obstruction in administration of justice and criminal contempt of court as defined u/s 2(c)(ii) & 2(c)(iii) of the contempt of court act.

1 Like

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