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2016 (11) TMI 458 - HC - Indian LawsApplication under Section 340 Cr.P.C. moved in complaint case filed under Section 138 of Negotiable Instruments Act, 1881 - petitioner seeks an order quashing/setting aside the order passed by the Additional Sessions Judge, Dwarka, Delhi dismissing the appeal against the order passed by the learned Metropolitan Magistrate Dwarka in his application under Section 340 Cr.P.C. moved in complaint case filed by respondent No.1 under Section 138 of Negotiable Instruments Act, 1881 Held that:- Additional Sessions Judge by taking note of the fact that in 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 learned Metropolitan Magistrate taking a view that no offence of perjury has been committed by the respondents. This court does not find any irregularity or infirmity in the impugned orders. In addition, in view of the foregoing discussions on the principles relating to exercise of inherent powers under Section 482 of Cr.P.C., this Court does not find the present case being fit for exercising the inherent powers under Section 482 of Cr.P.C. in the present case.
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