KAMALKISHOR MANIKLAL BHATTAD Vs. SANDEEP

JUDGEMENT

(1.) THIS is an application under Section 340 of the Criminal Procedure Code.

(2.) APPLICANT had instituted criminal complaint case under Section 138 of the Negotiable Instruments Act against the non applicant No.1. The said criminal complaint came to be decided and non applicant No.1 came to be convicted. He preferred an appeal before the Court of Sessions against the order of conviction and he was directed to deposit 50% of the compensation awarded by the trial Court. Instead of depositing the said amount an application under Section 482 of the Criminal Procedure Code was preferred before this Court. While submitting that application it is alleged that non applicant made a false statement before the Court that he is unemployed although he has his own business which he runs under the name and style Vidyasagar Ispat. It is submitted by the applicant that such a patently false statement was made on oath in order that the Court should pass an order in his favour waiving the deposit of the amount in the Court. Applicant, therefore, wants that he should be prosecuted for making a false statement on oath.