TMI Blog2016 (10) TMI 1375X X X X Extracts X X X X X X X X Extracts X X X X ..... dence. With regard to the fixed deposit and the amount that has been credited in her FDR, she stated that she has no knowledge with regard to her accounts in Central Bank of India and Rajkot Cooperative Bank. The husband also examined the witness, who was Inspector in the IncomeTax Department, wherein she submitted her personal income and her incometax returns have been brought on the record to indicate that from the year 201112 she has income from business at Rs.1,48,251/. The business profit was worth Rs.1,84,251/- - The Court on noticing that she was getting sufficient income from the fixed deposit receipt and yet has not admitted in the evidence produced by her stating that she has no source of income, had directed the initiation of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... challenge is made to the order dated 6.9.2016 passed by the learned Judge, Family Court below Exh.88 in Criminal Miscellaneous Application No.346 of 2013, attempts were made by the Court to see that the parties can reach to any kind of settlement. However, as the same could not be worked out, both the sides have been heard extensively. The petitioner is the wife, who is married to respondent No.2. 3. The petitioner is married to respondent No.2 on 20.11.2008 and a son is begotten out of the said wedlock on 21.12.2010. It is the say of the petitioner that after the birth of the son, the husband got shifted at Jetpur and started residing in a rented premise. He had once again started residing with joint family at Rajkot. The petitioner urg ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he petitioner has urged that even if there is any perjury, the petitioner need not be prosecuted. He has urged that Court below was in error in appreciating the evidence, specifically the income tax return to conclude that the petitioner had suppressed her true income. It is not the case of the petitioner that she was serving and was drawing the salary. Her income tax returns have been managed by her father and it is not unusual for family members to have the income tax returns from the business of family. It is further his say that the lady is a graduate. However, she would not know about any return being filed by the father nor would she be aware of the income of the family members and of hers in absence of any work that she was performin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e. The earlier application came to be disposed of on the ground that the evidence was not recorded. 12. Later on, when similar application came to be moved, the Court had questioned as to whether the applicant had produced false evidence on oath and vide order dated 23.5.2016 directed that the same would be decided at the time of deciding the main application. 13. Another application came to be moved being Criminal Revision Application No.429 of 2016 before this Court, which was withdrawn on 10.8.2016. Thereafter, an application was moved before the Family Court, Rajkot to take action against the petitioner under sections 195 read with section 340 of the Code of Criminal Procedure committing an offence under sections 191, 192 and 193 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cing that she was getting sufficient income from the fixed deposit receipt and yet has not admitted in the evidence produced by her stating that she has no source of income, had directed the initiation of the prosecution under section 195 read with section 340 of the Code of Criminal Procedure. 15. The Apex Court in the case of Pritish vs. State of Maharashtra reported in 2002(1) SCC 253 was considering section 340 of the Code of Criminal Procedure to hold that the hub of this provision is 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 an offence which appears to have been committed. In order to form such opinion the Court ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... forms the opinion that unless it is expedient in the interest of justice to prosecute a person, the Court is not to do it in a referred manner. The expediency will normally be judged by the Court by weighing not the magnitude of injury suffered by the person affected by the offence, but having regard to the effect or impact of that offence upon administration of justice. The Court also held that bar under section 195(1)(b)(ii) that no Court shall take cognizance of any such offence except on the complaint in writing of such matter. It also held that the bar would be attracted only when the offences enumerated in section 195(1)(b)(ii) have been committed with respect to a document, after it has been produced or given in evidence in a proceed ..... X X X X Extracts X X X X X X X X Extracts X X X X
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