Case Note & Summary
The judgment pertains to a Civil Application filed under Section 340 read with Section 195 of the Code of Criminal Procedure, 1973 (CrPC) by Satyanarayan Nandkishor Pande (the applicant), who was Respondent No. 4 in a writ petition, against Vijaykumar Gulabchand Sarda and Kalpana Vijaykumar Sarda (the respondents), who were the petitioners in the writ petition. The applicant sought initiation of proceedings against the respondents for alleged forgery and false evidence in connection with a property dispute. The background involves a long-standing property dispute between the parties over a building called 'Laxmi Niwas' in Andheri, Mumbai. The applicant alleged that the respondents had filed false affidavits and forged documents in the writ petition and related proceedings. The court examined the legal principles under Section 340 CrPC, which requires a preliminary inquiry and an opportunity of hearing to the accused before a complaint is filed. The court relied on the Supreme Court decision in Pritish v. State of Maharashtra and others, (2002) 2 SCC 437, which held that the person against whom the complaint is made must be heard. The court found that the applicant had not made out a prima facie case of forgery or false evidence, as the respondents had provided explanations for the alleged discrepancies. The court also noted that the application was an abuse of process and dismissed it with costs of Rs. 25,000 to be paid to the respondents. The court emphasized that the power under Section 340 CrPC should be exercised sparingly and only in the interest of justice.
Headnote
A) Criminal Procedure Code - Section 340 CrPC - Preliminary Inquiry - Opportunity of Hearing - The Court held that before initiating proceedings under Section 340 CrPC, the Court must conduct a preliminary inquiry and afford an opportunity of hearing to the person against whom the complaint is made, as per the principles of natural justice. The Court relied on the decision in Pritish v. State of Maharashtra and others, (2002) 2 SCC 437, which mandates that the accused must be heard before a complaint is filed. (Paras 10-15) B) Criminal Procedure Code - Section 340 CrPC - Prima Facie Case - Forgery and False Evidence - The Court found that the applicant failed to establish a prima facie case of forgery or false evidence against the respondents. The allegations pertained to discrepancies in affidavits and documents filed in a property dispute, but the Court noted that the respondents had explained the discrepancies and there was no clear evidence of intentional falsehood. (Paras 16-25) C) Criminal Procedure Code - Section 340 CrPC - Abuse of Process - The Court observed that the application was an abuse of the process of law, as it was filed to harass the respondents and not in the interest of justice. The Court dismissed the application with costs of Rs. 25,000 to be paid to the respondents. (Paras 26-30)
Issue of Consideration
Whether the Court should initiate proceedings under Section 340 CrPC against the respondents for alleged forgery and false evidence in a property dispute, and whether the respondents are entitled to be heard before such proceedings are initiated.
Final Decision
The Civil Application is dismissed with costs of Rs. 25,000 to be paid by the applicant to the respondents.
Law Points
- Section 340 CrPC
- preliminary hearing requirement
- opportunity of hearing to accused
- prima facie case
- perjury
- false evidence
- forgery
- abuse of process
