BALWANT SINGH Vs. RAJINDER SINGH

JUDGEMENT

(1.) Dhano (since deceased and represented by her sons Rajinder Singh and Rana Jang Bahadur Singh -Respondents) filed suit against Raghbir Singh etc. The said suit was dismissed by trial court vide judgment and decree dated 23.11.1996. First appeal filed by Dhano against the said judgment and decree was pending in the court of Additional District Judge, Rupnagar. In the said first appeal, Balwant Singh Appellant herein appeared as DW3 on behalf of Raghbir Singh etc. Respondents/Defendants and made statement on oath on 7.12.2000 (copy Ex. A/1). The said appeal was dismissed vide judgment and decree dated 2.2.2001.

(2.) Dhano moved application on 28.5.2001 under Section 340 of the Code of Criminal Procedure (in short, Code of Criminal Procedure) against Balwant Singh for lodging complaint against him for making false statement on oath in the witness box. The said application has been allowed by learned Additional District Judge, Rupnagar vide impugned order dated 21.4.2006 and accordingly criminal complaint has been made by learned Additional District Judge, Rupnagar against the Appellant herein for offence under Section 193 Indian Penal Code, 1860. Balwant Singh has filed the instant criminal appeal assailing order dated 21.4.2006 of learned Additional District Judge whereby application filed by Dhano under Section 340 Code of Criminal Procedure has been allowed.

(3.) I have heard learned Counsel for the parties and perused the case file.