KARUPPASAMY Vs. AUTHORIZED OFFICER,AXIS BANK LIMITED

JUDGEMENT

(1.) Challenging the return of the petition filed under sec. 340 of Cr.P.C. to take action against the respondent for filing false affidavit before the trial Court while filing a petition under sec. 14 of the SARFAESI Act, the present petition has been filed.

(2.) The trial Court has returned the petition holding that while acting under sec. 14 of the SARFAESI Act, it is not an act of adjudicatory in nature but only administrative. The grievance of the petitioner is that the respondent has filed a false affidavit before the Court under sec. 14 of the SARFAESI Act stating that the petitioner is due a sum of Rs.21.00 lakhs. According to the petitioner there is no due and EMI has been regularly paid upto the May 2022. Therefore seeks to take action against the respondent.

(3.) The learned counsel appearing for the respondent would contend that there was a default in the account of the petitioner and the same has been classified as LPA in the year 2018. Therefore, action has been taken under Sec. 14 of the SARFAESI Act. Hence,there was suppression of material facts and furnishing of false particulars. At any event, without any finding by the trial Court or any other Court as to the false evidence, provision under sec. 340 of Cr.P.C. cannot be invoked.