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2010 (2) TMI 592 - HIGH COURT OF CALCUTTAWhether an utterly dishonest defence has been set up in a court of law with full knowledge that it is dishonest and by relying on palpably false documents, it is unfortunate that there is no screening at any level to filter such untruthful stands for them to be weeded out before they actually reach the court? Held that:- The original documents along with the affidavit affirmed by Subhojit Ghose on February 14, 2008, will be sent by the Registrar, original side to the appropriate criminal forum for initiation of proceedings for perjury against the deponent of the affidavit upon it prima facie appearing to this court that false statements have been made on oath to court knowing the same to be false and documents have been manufactured, forged and/or brought into existence for the use in proceedings before the court with intent to substantiate a false and dishonest defence. An affidavit is evidence within the meaning of section 191 of the Indian Penal Code and a person swearing to a false affidavit is guilty of perjury punishable under section 193 of the Indian Penal Code. The deponent of the company's affidavit herein, being legally bound by an oath to state the truth, is prima facie held to have made false statements and relied on fabricated documents which constitute offences of giving false evidence as defined under section 191 of the Indian Penal Code and of fabricating documents as defined under section 192 of the Indian Penal Code, punishable under section 193 thereof. It is also expedient in the interest of justice to make an enquiry against such deponent in relation to the offences committed by him. The Registrar, original side, will file a complaint under section 193 of the Indian Penal Code against Subhojit Ghose, the deponent of the company's affidavit, before a magistrate of competent jurisdiction in Kolkata within eight weeks from date and take all steps necessary for prosecuting the complaint.
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