REMEX ENGINEERING PVT LTD Vs. VIJAYA BANK

JUDGEMENT

(1.) By this Misc. Application, we are required to decide whether under the facts and circumstances of this case, to launch prosecution against Opposite Party i. e. Vijaya Bank and its employee, Shri Jaikumar Shetty under Sections 193 and 228 of the Indian Penal Code. Precisely stated the facts leading to this issue are that by an order dated 12.3.1993, this Commission in Complaint No.208/92 ordered the Opposite Party, Vijaya Bank to pay to complainant Rs.4,19,500.08 towards compensation with 18% p. a. interest from 5.7.1987 and also to pay Rs.25,000/- as compensation and Rs.1,000/- as cost. The complainant, Remex Engineering Pvt. Ltd. , Bombay filed an application before this Commission on 13.5.1993 under Sections 25 and 27 of the Consumer Protection Act 1986 for action to impose penalties for non-compliance of the aforesaid order of this Commission. On the same day, this Commission issued a Show Cause Notice to the Opposite Parties under Sec.27 of the Consumer Protection Act returnable on 3.6.1993. It was stated in the said notice that the Vijaya Bank should show cause to this Commission as to why action should not be taken against it for non-compliance of the order of this Commission dated 12.3.1993. On 3rd June, 1993, Vijaya Bank was represented through Shri Shinde, Advocate. An application was filed on behalf of Vijaya Bank for stay of the proceedings which was rejected by this Commission on the same day. The proceedings were adjourned and fixed on the next day i. e. on 4.6.1993 to enable the O. P. to comply the order of this Commission. On 4.6.1993, the complainant M/s. Remex Engineering Pvt. Ltd. filed an application for taking action against the O. P. under Sec.193 of the I. P. C. R/w Sec.195 of the Cr. P. C. It is contended by complainant that since Vijaya Bank has failed to comply the order of this Commission dated 12.3.1993 and since there was no stay order from the National Commission, penalty should be imposed against Vijaya Bank under Sec.27 of the Consumer Protection Act. Shri Jaikumar Shetty, Sr. Manager of the Vijaya Bank, Worli Branch filed an affidavit before this Commission and stated therein that the order of this Commission dated 12th March, 1993 was served on Vijaya Bank on 30th March, 1993. We therefore, checked our original record and found that the aforesaid statement made by Shri Jaikumar Shetty on oath in the form of affidavit was found to be false. The notice of this Misc. Application was sent by R. P. A. D. It is signed on behalf of Vijaya Bank of having received the order of this Commission on 26.3.1993. It is therefore, contended by complainant that the false statement was made by the O. P. before this Commission. On the basis of the aforesaid application by the complainant, his Commission, by a speaking order again issued a Show Cause Notice to Shri Jaikumar Shetty, Sr. Manager of Vijaya Bank as to why action should not be taken against him for offence punishable under Sec.193 of the I. P. C. This Commission issued the aforesaid notice since a false statement was found to be made by Shri Jaikumar Shetty during the proceedings before this Commission. Shri Jaikumar Shetty was present before this Commission on 4.6.1993 and was directed to file his reply to the Show Cause Notice on 11.6.1993. This Commission however, observed that the order passed by this Commission on 12.3.1993 was not complied till then by the O. P. On 11.6.1993, we heard the learned Advocate for complainant and Shri Sanjeev Kurian, Advocate with Shri Sural Gokhale, Advocate for Vijaya Bank. We closed the case for orders since Shri Jaikumar Shetty undertook to deposit a crossed cheque for an amount to be paid to complainant, in view of our order dated 12.3.1993. The proceedings were therefore, adjourned and posted on 7.8.1993.

(2.) On the date of hearing i. e. on 7.8.1993, Shri Jaikumar Shetty was represented by Shri Bhakare, Advocate. The complainant again filed another application alleging the non-compliance of the order of this Commission dated 12.3.93 as well as the order dated 11.6.1993 by this Commission. The complainant contended that although Shri Jaikumar Shetty undertook to deposit the payment by crossed cheque on Monday i. e. on 14.6.1993, he did not comply the said order. The prayer for taking action against Shri Jaikumar Shetty for making a false statement was again reiterated on behalf of the complainant. Another Show Cause Notice was issued to Vijaya Bank under Sec.27 of the Consumer Protection Act returnable on 6.9.93. On 6.9.1993, the complaint was adjourned to 12.10.93. On 12.10.93, both the sides were heard by this Commission.

(3.) With a view to have full facts before us, it is also necessary for us to state that the Opposite Party did deposit a crossed cheque of Rs.7,36,610.08 before the Registrar of this Commission on 14th June, 1993. However, the said cheque was intentionally given by Vijaya Bank in the name of this Commission and therefore, the cheque was useless. We therefore, directed the O. P. to issue a fresh cheque in the name of the complainant since the payment was to paid to the complainant. Thus, from the facts mentioned above, the complainant has submitted that Mr. Jaikumar Shetty by making false statement in his affidavit has committed an offence punishable under Sec.193 of the I. P. C. and therefore, necessary complaint be filed against him before the Criminal Court having jurisdiction to decide it. We are satisfied from the material on record that Shri Jaikumar Shetty has made the false statement during the judicial proceedings before this Commission and he is therefore, liable for prosecution under Sec.193 of the I. P. C.