Legal Question in Criminal Law in India

In a case u/s 138 Negotiable Instruments Act there were two accused say A and B, so one surety named X gave bail for both the accused. The said person X gave bail to another accused named C in a separate case u/s 138.While giving bail for each accused, the surety X executed an affidavit. So in these way Surety X executed three affidavit and in each affidavit there is one point of affidavit that I ( i.e. surety) am not surety for any other accused. Now my question is whether the Surety X is not guilty of perjury u/s 193 IPC for giving false affidavit. If yes, how and in whose jurisdiction can he be prosecuted for this offence.

Asked on 7/21/11, 1:32 pm

Shrichand Nahar S.V.Nahar, Advocate

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Prima facie offence appears to have been made out.

For procedure, see section 340 Cr.P.C.

Answered on 7/21/11, 9:37 pm

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