2016 (11) TMI 458

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....ction 340 Cr.P.C. moved in complaint case filed by respondent No.1 under Section 138 of Negotiable Instruments Act, 1881. 2. In nutshell, the admitted facts of the case are that the petitioner needed to show some amount in his bank so as to obtain the loan to carry out the business of stone crusher in Rajasthan and the respondent No. 2 had issued two cheques from the account of respondent No. 1 of Rs. 5 lacs each. The petitioner had issued a post dated cheque No.979178 dated 31.03.2010, on the basis of dishonor of the same, the complaint under Section 138 of Negotiable Instruments Act, 1881 was filed by Usha Rani, wife of respondent No. 2 herein. Ultimately, respondent No. 1 did not prove her case and the petitioner was acquitted by giving....

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....". While urging the legal principles regarding placing wrong facts and filing a false affidavit before the court, the petitioner has placed reliance on various decisions such as; Chandra Shahi vs. Anil Kumar Verma, 1995 SCC (1) 421; Muthu Kuruppan vs. Parithi Ilamvazhuthi & Anr. (Crl. Appeal No.1376 of 2004); Dhaanjay Sharma vs. State of Haryana, (1995) 3 SCC 757; and Sanjeev Kumar Mittal vs. The State, 2010 (174) DLT 214. 6. Learned Additional Public Prosecutor appears on behalf of the State and submits that there is no illegality or infirmity in the order passed by learned Metropolitan Magistrate as well as learned Additional Sessions Judge and the order/judgment passed by learned Additional Sessions Judge does not call for any interfere....

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.....C. 11. The parameters for exercising the power under Section 482 of Cr.P.C. have been laid down in State of Haryana and Ors. Vs. Ch. Bhajan Lal and Ors., 1992 SCC Supl. (1) 335, which have been reiterated in a recent judgment of the Supreme Court in Criminal Appeal No. 773 of 2003, titled as Sundar Babu & Ors. vs. State of Tamil Nadu decided on 19.02.2009, the extracts of which are reproduced hereunder: "The parameters for exercise of power under Sec.482 have been laid down by this Court in several cases. The Section does not confer any new power on the High Court. It only saves the inherent power which the Court possessed before the enactment of the Code. It envisages three circumstances, under which the inherent jurisdiction may be exe....

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....n the criminal complaint in which the application under Section 340 Cr.P.C. was filed by the petitioner herein, respondent No. 1 had submitted that loan was taken by the petitioner for commencing his business from her husband and she has given a cheque only. The admission of respondent No. 1 in her pleadings including the affidavits regarding the date, time and execution of all the affidavits and contents thereof cannot tantamount to commission of offence of perjury. Finding the contents of the complaint filed by the complainant/respondent No. 1 being neither false nor contradictory to the story of advancing loan to the petitioner through her husband/respondent No. 2, the learned Additional Sessions Judge agreed with the reasoning of the le....