S. ELRED KUMAR Vs. CITY UNION BANK LTD.

JUDGEMENT

(1.) This Criminal Original Petition has been filed for directing the Debt Recovery Tribunal II, Chennai to initiate criminal prosecution under Sec. 195(1)(b) r/w 340(1) Cr.P.C against the respondent for producing false evidence under Sec. 192 and 193 IPC in O.A.No.33 of 2014, on the file of Debt Recovery Tribunal II, Chennai.

(2.) The learned counsel for the petitioner submitted that the petitioner purchased a property from one Shanmugam on 27/8/2004 and is in possession of all the documents in connection with the property. City Union Bank filed OA.No.33 of 2014 on the file of the Debt Recovery Tribunal-I at Chennai for recovery of money against M/s.Esvee Card and four others including the petitioner. City Union Bank claimed that the documents, which are in possession and custody of the petitioner, are in possession of the City Union Bank. However, when the matter came to be disposed, learned Presiding Officer of Debt Recovery Tribunal-II, Chennai observed that the documents are not in possession of City Union Bank. Therefore, the petitioner has filed this petition seeking a direction to the Debt Recovery Tribunal II, Chennai to initiate criminal prosecution under Sec. 195(1)(b) r/w 340(1) Cr.P.C against the respondent for producing false evidence under Sec. 192 and 193 IPC in O.A.No.33 of 2014 on the file of Debt Recovery Tribunal II, Chennai.

(3.) Heard the submissions of the learned counsel for the petitioner. Perused the records.