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Pawan Kumar Aggarwal Versus Smt. Usha Rani & Anr

2016 (11) TMI 458 - DELHI HIGH COURT

Application 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:- Add .....

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sion 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. .....

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under Section 397 read with Section 482 of Cr. P.C., the petitioner seeks an order thereby quashing/setting aside the order dated 13.11.2014 passed by the learned Additional Sessions Judge, Dwarka, Delhi, thereby dismissing the appeal against the order dated 09.07.2014 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. 2. In nutshell, the admitte .....

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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 Se .....

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pondent No. 1 had admitter her guilt qua filing of false complaint case and outrightly, admitted that her husband is the person, who has acted in fabrication of document filed in the complaint case against the petitioner. It is further submitted that respondent No. has admitted the aforesaid facts in her affidavit Ex. CW-1/1 before court. Therefore, this act of perjury is self sufficient to hold the respondents liable to be punished under Section 340 Cr.P.C. However, the learned Appellate court .....

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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 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 .....

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oubt was given to the petitioner. 9. This court notes that despite there being money transactions between the parties and the petitioner had also admitted its liability by issuing post dated cheque and the fact that the complaint under Section 138 of Negotiable Instruments Act, 1881 has been dismissed by the learned Metropolitan Magistrate, the petitioner preferred an application under Section 340 of Cr.P.C. and raised certain legal issues. 10. This court has also gone through the impugned order .....

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s., 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 enact .....

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justice on the principle "quando lex aliquid alicui concedit, concedere videtur et id sine quo res ipsae esse non potest" (when the law gives a person anything it gives him that without which it cannot exist). While exercising powers under the section, the court does not function as a court of appeal or revision. Inherent jurisdiction under the section though wide has to be exercised sparingly, carefully and with caution and only when such exercise is justified by the tests specifical .....

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ts of the present case, this court finds that the learned 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 th .....

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g 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 such an opinion the court is empowered to hold a preliminary inquiry but even without such preliminary inquiry the court can form such an opinion when it appears t .....

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