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TMI Blog2016 (10) TMI 1375X X X X Extracts X X X X X X X X Extracts X X X X ..... s 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 urged that she was deserted in August, 2012 and thereafter she made an application under section 125 of the Criminal Procedure Code by preferring Criminal Miscellaneou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cifically 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 performing. It is not the case of the other side that she was serving and getting the salary from the account of Kirit Traders owned by her father. 7. He further has urged that the o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s 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 Another application came to be moved being Criminal Revision Application No.429 of 2016 before this Court, which was withdrawn on 10.8.2016.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 of the Indian Penal Code. The Court below held in affirmation, which has aggrieved the petitioner for ventilating the grievance in this petition memo. 14. This Court notices that the Cour ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 is empowered to hold a preliminary inquiry. It is not peremptory that such preliminary inquiry should be held. Even without such preliminary inquiry the Court can form such an opinion when it ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t 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 proceeding in any Court. If said offence is committed or given in evidence in Court, no complaint by Court would be necessary and a private complaint would be maintainable. 17. The only aspect that ne ..... X X X X Extracts X X X X X X X X Extracts X X X X
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