GAUHAR HUSSAIN Vs. MUMTAZ ARA

JUDGEMENT

(1.) THIS is a revision petition against the order dated 02 nd January, 2010 of learned Additional Sessions Judge whereby she dismissed the Criminal Appeal No. 17/2009 filed by the petitioner against the order of learned M.M. dated 22 nd July, 2009 dismissing the application under Section 340 CrPC.

(2.) BRIEFLY put, facts relevant for the disposal of this petition are that the respondent Mumtaz Ara filed a maintenance petition under Section 125 Cr.P.C. against the petitioner, wherein she filed an affidavit that she had no source of income. That the petitioner came to know that the respondent has authored a book "Balwant Singh: Fun Aur Shakshiyat" and got it published in 2003. Petitioner claims that this bok has global circulation and from this, she has regular income. Thus he filed an application under Section 340 Cr.P.C. seeking prosecution of the respondent for perjury.

(3.) LEARNED counsel for the petitioner submits that admittedly, respondent is the author of the book titled "Balwant Singh: Fun Aur Shakshiyat". It is argued that no author would allow publishing of the book without asking for royalty or some consideration. LEARNED counsel has contended that the respondent is trying to take shelter of a fake agreement purported to have been executed on 15 th September, 2003, wherein it is recorded that only 400 copies of the book shall be published, out of which, 300 shall be kept by the publisher for sale and remaining 100 copies shall be given to the respondent and the respondent shall not get any royalty. According to the learned counsel for the petitioner, aforesaid stand of the respondent is belied by the fact that the book is still available for sale in market and in support of this contention, he has drawn my attention to a cash memo dated 02nd December, 2008 vide which, he purchased one copy of the aforesaid book for ` 200/-. LEARNED counsel has argued that if the contents of the agreement dated 15.09.2003 were true, there was no occasion for the book, which was published in the year 2003 to be on a sale counter in December, 2008.