TMI Blog2016 (11) TMI 458X X X X Extracts X X X X X X X X Extracts X X X X ..... ner 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 res ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 benefit of doubt. 3. The petitioner filed an application under Section 340 Cr.P.C. against the respondents/complainant urging that respondents have committed the offence of perjury by filing a false complaint alongwith false affidavit. The learned Metropolitan Magistrate vide order dated 09.07.2014 dismissed the said application by holding that no prima facie case in terms of provisions of Section 340 Cr.P.C. against Usha Rani and Sushil Arora are found to be made out. 4. Against the aforesaid order of le ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bmits 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 interference from this Court. 7. I have heard learned counsel for the parties and have also gone through the impugned judgments and orders passed by learned Metropolitan Magistrate as well as learned Additional Sessions Judge. 8. It is an undisputed fact that there was a money transaction between the petitioner as well as respondents. The transactions were through cheques. Cheque was issued by respondents in favour of the petitioner. Petitioner has also issued post dated cheque. Though, respondent No. 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 exercised, namely, (i) to give effect to an order under the Code, (ii) to prevent abuse of the process of court, and (iii) to otherwise secure the ends of justice. All courts, whether civil or criminal possess, in the absence of any express provision, as inherent in their constitution, all such powers as are necessary to do the right and to undo a wrong in course of administration of justice on the principle quando lex aliquid alicui concedit, concedere videtur et id sine q ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he 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. 13. Regarding conducting of a preliminary inquiry by the court under Section 340 Cr.P.C., it is held that it is only the formation of an opinion by the court before which proceedings were to be held, that:- it is expedient in the interest of justice that an inquiry should be made into offence which appears to have been committed. Therefore, in order to form suc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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