Legal Question in Criminal Law in India

false affidavit application in the said case or a separate complainant

A loan was given through A/c payee cheque, the said loan was repayable in 12 equal monthly instalments through postdated cheques. After paying 8 instalments, 4 remaining cheques were dishonoured for which after giving notice that came back unserved, a complaint was lodged. Under section 311, accused asserted, �I took money but complainant took away clothes from my shop, so now there is no balance outstanding against me.� During trial accused also gave three cheque, first cheque Rs. 12000/- Dated 08-02-2006 that was passed, Second cheque Rs. 9000/- Dated 10-03-2006 and third cheque Rs. 10000/- Dated 10-04-2006 second and third cheques were dishonoured again. Now accused came for cross examination, he submitted an affidavit completely denying of taking loan from complainant, that affidavit can easily be proved false by documentary evidence.Whether an application in the case of section 138 should be moved to add a charge for giving false affidavit or a separate complainant should be lodged in the said court for giving false affidavit ?


Asked on 7/01/06, 6:43 am

2 Answers from Attorneys
BANKIMCHANDRA SHAH ADVOCATE DIGVIJAYA CONSULTANCY SERVICES

Re: false affidavit application in the said case or a separate complainant

Your case needs proper consideration with more details.

Read more
Answered on 7/02/06, 6:12 am
Shrichand Nahar S.V.Nahar, Advocate

Re: false affidavit application in the said case or a separate complainant

Kindly read provisions of section 195 r/w 340 of the Code of Criminal Procedure. As far as use of false affidavit in a court of law is concern, you need to apply U/s.340 Cr.P.C. to the Court where such false affidavit was submitted for initiating action. As regard preparation of said false affidavit, you can initiate independent criminal prosecution.

Read more
Answered on 7/06/06, 3:42 am


Related Questions & Answers

More Criminal Law questions and answers in India