Legal Question in Criminal Law in India

filed criminal complaint against limited company u/s 406, 420 -- manager resigned in due course and joined another company - added directors name - court allowed addition of directors name -- but said directors moved high court and obtained ex-parte stay order by filing false affidavit -- stating notices served on me (when i was away to U.S.A.). What is the remedy available to get stay-order vacated ?

is there some penalty on said persons for filing false affidavit, is damages for delay and others feasible, kindly guide how to proceed ? thanks


Asked on 4/27/11, 10:13 am

1 Answer from Attorneys

Shrichand Nahar S.V.Nahar, Advocate

For getting stay order vacated or modified, you need to appear and make necessary application in the petition moved by said director.

A false affidavit may amount to perjury and you may move a petition under section 340 Cr.P.C. for initiating action.

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Answered on 5/02/11, 2:37 am


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