Case Note & Summary
The appellants, Tarun Keshrichand Shah and Priyalata Keshrichand Shah, filed a civil suit in the City Civil Court at Greater Mumbai against respondent No.1, M/s. Kishore Engineering Company, for recovery of Rs.75,600/- towards arrears of service charges. The appellants are legal heirs of the deceased proprietor of M/s. Union Commercial Corporation. During the suit, the appellants filed an application under Section 340 of the Code of Criminal Procedure, 1973 (CrPC) seeking initiation of criminal proceedings against respondents No.2 and 3 for allegedly filing a false affidavit, which they claimed constituted an offence under Section 199 of the Indian Penal Code, 1860 (IPC). The learned City Civil Court Judge, by order dated 5th October 2018, rejected the application. Aggrieved, the appellants appealed under Section 341 CrPC to the Bombay High Court. The High Court examined the provisions of Sections 191, 193, and 199 IPC, and Section 340 CrPC. The court noted that for an offence under Section 199 IPC, the false statement must be made in a judicial proceeding with intent to cause injury. The court found that the affidavit in question was not made during a judicial proceeding but was filed in a civil suit, and there was no evidence of intent to cause injury. The court held that the trial judge's discretion in refusing to make a complaint was not perverse or unreasonable. The High Court dismissed the appeal, upholding the trial court's order.
Headnote
A) Criminal Procedure Code, 1973 - Section 341 - Appeal against order under Section 340 CrPC - The appeal is maintainable against an order refusing to make a complaint under Section 340 CrPC. (Para 1) B) Indian Penal Code, 1860 - Section 199 - False statement made in a judicial proceeding - For an offence under Section 199 IPC, the false statement must be made during a judicial proceeding and with intent to cause injury to any person. A mere false affidavit in a civil suit does not automatically attract Section 199 IPC unless it is made in a proceeding and with the requisite intent. (Paras 10-12) C) Criminal Procedure Code, 1973 - Section 340 - Procedure for filing complaint for offences against public justice - The court must form a prima facie opinion that an offence has been committed and that it is expedient in the interests of justice to make a complaint. The court's discretion is not to be interfered with lightly. (Paras 8-9) D) Indian Penal Code, 1860 - Section 191 - Definition of false evidence - A person is said to give false evidence if he makes a false statement which he knows or believes to be false, and which is required by law to be made on oath. (Para 10) E) Indian Penal Code, 1860 - Section 193 - Punishment for false evidence - The punishment for intentionally giving false evidence in any stage of a judicial proceeding is imprisonment for up to seven years and fine. (Para 10)
Issue of Consideration
Whether the appellants are entitled to file a complaint under Section 199 of the Indian Penal Code for perjury based on an affidavit filed in a civil suit, and whether the learned City Civil Court Judge erred in rejecting the application under Section 340 CrPC.
Final Decision
The appeal is dismissed. The order dated 5th October 2018 passed by the learned Judge, City Civil Court, Greater Mumbai in Notice of Motion No.823 of 2018 in Suit No.6117 of 2007 is confirmed.
Law Points
- Section 341 CrPC
- Section 199 IPC
- Section 195 CrPC
- perjury
- false affidavit
- civil suit
- criminal proceedings
- judicial proceeding
- intent to cause injury
