maskadvise 09 January 2015

Sec. 340 of cr. p.c.

Dear Ld.,

The present matter is not for contradictory statements made by the opponent at two different stages of one single Court but it is for the contradictory statements made by him in collateral matter in two different Hon’ble Courts one in DRAT and the other in District Court and to prove which statement is false may take years.

“He stated on oath in one Court that he has cancelled the bid but in other Court that he stated on oath that he has never cancelled the said bid”.

Hence in my opinion he can be convicted in alternate perjury without proving which statement was false because one of them has necessarily to be false.

Note :- Both DRAT and District Court are subordinate to Mumbai High Court.

So Kindly Guide me,

In which Court the case u/s. 340 of Cr. P. C. can be filed for prosecuting him for making contradictory statements either in DRAT or in District Court or in Mumbai High Court ?

Thanks

Reply Follow

7 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 09 January 2015

Dear Querist

Both the courts (DRAT & District court) have jurisdiction to entertain the complaint against that person u/s 342 of Cr.P.C.

maskadvise 09 January 2015

Dear Ld. sir,

I have seen Sec. “342 of Cr. P.C. which is as under :-

“Power to order costs. Any Court dealing with an application made to it for filing a complaint u/s. 340 or an appeal u/s.341, shall have power to make such order as to costs as ...... ”

Sir, I understand that the Court in section 342 has power “to order as to costs” but whether the Court in this section can sanction a complaint of the opponent and prosecute him before a Magistrate.

Kindly guide further

gd dy (gd dy) 09 January 2015

frm query, may seems u knw ins and out of law thoughly. u raise the point is very minute and not surprised if it may be overlooked by one who recently joined the practise. appreciate ur observation. why not u gv guidance to other victim who does not know intricacy of law. this is my suggestion.

Laxmi Kant Joshi (Advocate ) 09 January 2015

The case of 340 crpc should be filed in the same court where the case is running, if contradictory statements were given in two different courts then you should file 340crpc seperately in both the courts .

Jai Karan Nagwan (consultant) 09 January 2015

Procedure making contradiction is to produce proof of previous statement, but can not be cross examined. Than file simple application in the same court and pray action on 340 application.

maskadvise 09 January 2015

Dear Shri Nagwan, Kindly see the actual position :-

opponent made 1st statement that "he cancelled the bid" and snatched favourable order from DRAT and returned my money whereas the market price of the auctioned amount increased tremendously and thus harmed me. Actually the 1^st statement is false.

In District Court the opponent is already facing the trial u/s. 340 of Cr. P.C. in collateral case where he made 2^nd statement [which is true] that “he has never cancelled the said bid”. The case is pending

Hence in my opinion the administration of justice have been affected substantially in DRAT, not in District Court.

To prove 1st statement false will take years and I want that at least he must not escape punishment. I am confused,

Guidance of all of yours may be fruitful to me.

Dear Shri Laxmikant Joshi

I was also planning the same but somebody raised one question that you cannot file two applications for single cause and with same reliefs at two Courts..

Kindly guide me in details.

Jai Karan Nagwan (consultant) 11 January 2015

Are you party in both forum I.E. DRAT and District Court? Is both proceeding are on or DRAT is closed? How DRAT is in picture matter related to Bid? Look, I could not understand your whole case, don't know others. It is always great to first explain short facts of the case or cause of action, thereafter the query related to perjury should have been raised.