Legal Question in Criminal Law in India

case for false affidavit eventhough main case withdrawn

10000/- was given to borrower on 12 emi postdated cheques of 1000/- each in addition one guarantor with a guarantee cheque 10000/-. two cheques of borrower passed on dates, but 10 dishonoured. So two cases of five cheques were lodged against borrower. Afterthis a notice issued to guarantor invoking guarantee and demanding remaining money say 11000/-(including interest) failing which your guarantee cheques be lodged. Guarantor�s cheque lodged and dishonoured. Afterthis only 1000/- cash paid by borrower by taking receipt and signing corboncopy. a case u/s 138 was also lodged against guarantor. In case against guarantor, borrower came as witness D-1 and on affidavit, it is written, whole amount without taking any receipt was paid, in cross nothing about this was asked. An application was submitted to call back D-1, by enclosing carbon copy of receipt of 1000/- . In again cross, D-1 told the affidavit was got made by advocate and I did not pay whold money. guarantor is ready to pay Rs.10000/- if case withdrawn against him. Can a case be lodged against D-1 for giving false affidavit u/s 193 ipc and u/s 2(c) contempt act in one application even if case is withdrawn in which false affidavit is given, any other remedy ?


Asked on 11/19/08, 3:25 am

5 Answers from Attorneys
Nasir Butt Nasir Law Associates

Re: case for false affidavit eventhough main case withdrawn

Everything should not be seen with narrow mind, where amount is being offered, accept it and avoid litigation which may cost a lot.

Read more
Answered on 11/19/08, 10:32 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: case for false affidavit eventhough main case withdrawn

You should accept the amount rather going into litigations which may prove costly.

Read more
Answered on 12/29/08, 3:50 am
Shrichand Nahar S.V.Nahar, Advocate

Re: case for false affidavit eventhough main case withdrawn

Ongoing case and purgery are two different things. Even if case against Guarantor is withdrawn, action for offences can be initiated by invoking provisions of section 340 Cr.P.C.

Read more
Answered on 11/19/08, 4:30 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: case for false affidavit eventhough main case withdrawn

Perjury case is different from case u/s 138. These are 2 separate proceedings and under different Acts.

Read more
Answered on 11/19/08, 6:32 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: case for false affidavit eventhough main case withdrawn

you are advised to settle the issue by accepting the payment being offered.

The cost of time and litigation involved will be many-times more than the money involved.

Read more
Answered on 11/19/08, 6:40 am


Related Questions & Answers

More Criminal Law questions and answers in India