SUGESAN FINANCE INVESTMENT Vs. MULJI METHA AND SONS

JUDGEMENT

(1.) This Application in C.S. No. 626 of 1986 is under Section 340, Code of Criminal Procedure for enquiring into certain offences said to have been committed by the Respondent "in the matter of filing" O.S. No. 3400 of 1988 on the file of the 7th Assistant Judge, City Civil Court, Madras, since transferred to this Court and renumbered as the above referred to C.S. No. 626 of 1986, and for setting the criminal law in motion against the Respondent.

(2.) The allegation is that the Respondent has committed offences under Ss. 191, 193, 199 and 205 of Indian Penal Code.

(3.) Section 191 of Indian Penal Code defines "giving false evidence". Section 193, Indian Penal Code provides for punishment for intentional giving false evidence. According to Section 199 of the Indian Penal Code, false statement made in any declaration, which is by law receivable as evidence, shall be punished in the same manner as giving false evidence. Section 205 of the Indian Penal Code provides punishment for false personation for purposes of act or proceeding in suit. Section 340, Code of Criminal Procedure provides that when any Court is of the opinion that it is expedient in the interest of justice that an enquiry should be made into any of the above said offences and certain other offences, which appear to have been committed in or in relation to a proceeding in that Court, such Court may, after such preliminary enquiry, if any, as it thinks necessary, record finding to that effect, make a complaint thereof in writing and send it to a Magistrate for prosecution.