Legal Question in Criminal Law in India

Punishment for false applications during trial
During trial under section 138 of NI Act, a number of applications were filed to delay matter knowing well they are false and easily can be proved by documentary evidence. These applications are signed by accused himself and by his lawyer. But they are neither on oath nor contains any word that this is a declaration. But during trial, the presiding officer accepts these applications listens the arguments from both the sides and decides the said and aggrieved party of the decision can go to appeal/revision court. Can the party making false statement in these applications be punished? If yes, in which section and whether an another charge may be added for this in the same complaint or another case has to be filed? In the same manner, accused while giving the reply in writing signed by himself and his lawyer of written arguments under section 314 of crpc denied complete taking of loan from the complainant though the loan was given through account payee cheque whether the accused can be prosecuted for this false statement in addition to offence under section 138 NI Act?

Asked on 8/01/06, 7:05 am

4 Answers from Attorneys

Raja Selvam Selvam & Selvam, Advocates & Consultants

0 users found helpful

0 attorneys agreed

Re: Punishment for false applications during trial

Sir,

I do understnad your anger. But it is usual practise that such false evidences but again its a tedious process. But as per law giving false evidence is an offence.

Answered on 8/01/06, 7:11 am

Mark as helpful

Panduranga Acharya J & P Associates, Advocates & Solicitors

0 users found helpful

0 attorneys agreed

Re: Punishment for false applications during trial

Dear Sir,

I can understand your problem, still court should give oppertunity to the accused to defend his case. filing numerous application is to delay the case. but finally judgement will be in your favour. making false statements before the court is punishable offence.

You can approach the High Court only when there is an order passed against your favour.

Nothing to worry

Regards,

You can call me on 0-9886742609 for futher clarification.

Panduranga Acharya, Advocate

Answered on 8/03/06, 2:09 am

Mark as helpful

Shrichand Nahar S.V.Nahar, Advocate

0 users found helpful

0 attorneys agreed

Re: Punishment for false applications during trial

Did you mean that contents or contentions raised in applications were false? An application itself can not be false. Further, you have not elaborated falsities contained in such applications - one has to examine it for commenting. As regards denying liability - it is doubtful whether it can be classified as a false statement, since primary obligation is on the Complainant to prove and not on the accused. As regards baseless or vexitious applications in a proceedings, most of the High Courts have framed separate Rules for dealing with it and such cases can be tackled with the help of the Advocate General of the State.

Answered on 8/03/06, 2:40 am

Mark as helpful