ORDER

1. This special leave petition has been filed against the impugned judgment and order dated 22.7.2011, passed by the High Court of Judicature at Patna in Criminal Misc. No.13116 of 2009 quashing the criminal proceedings against the respondent no.2 while allowing the application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.').

2. Facts and circumstances giving rise to this petition are that:

A. The petitioner claimed to have been appointed by the private respondent no.2 in a fake dental college as a Senior Lecturer for a period of one year and issued 12 post dated cheques for payment of his salary out of which 9 cheques had bounced. The complainant-petitioner sent legal notice to the respondent no.2 but without giving them sufficient time to file a reply, filed a complaint before the Magistrate at Danapur, Patna under Sections 34, 403, 404, 406, 408, 418, 420 and 504 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC') and under Section 138 of Negotiable Instrument Act, 1881 (hereinafter referred to as 'NI Act').

B. Learned Magistrate, Danapur vide an order dated 12.5.2008 summoned the private respondent for appearance on 12.6.2008, being prima facie of the view that a case under Sections 406, 420 IPC and under Section 138 of NI Act was made out by the petitioner. The private respondent challenged the said order by filing the petition before the High Court which has been allowed vide impugned judgment and order on various grounds, inter-alia that there was an agreement between the parties for service for one year and one of the conditions in the agreement was that the petitioner would not resign from the institute till the completion of 3 years. More so, the petitioner did not even give sufficient time to the accused to respond to the legal notice as he filed the complaint within the close proximity of the date of the notice. The High Court also concluded that there was nothing on record to show that the notice had ever been served upon the private respondent and ultimately allowed the said petition on the ground that it was a case of civil nature as it was a matter of recovery of salary.

C. Aggrieved, the petitioner approached this Court making the averment in the petition that accused persons had been running a fake institution and offered the appointment to the petitioner on certain terms and in spite of working therein, he was not paid the salary.

Hence, this petition.

3. In the instant case the counsel appearing in the court for the petitioner designated himself merely has a proxy counsel. The Advocate- on-record (for short 'AOR') had no courtesy to send, at least, a slip mentioning the name of the counsel who has to appear in the court. Thus, in such a fact-situation, we had no advantage even to know the name of the counsel who was appearing in the court.

4. Earlier, this Court had issued notice to the petitioner himself to show cause that in case it was a fake institution, what was the reason or rationale for the petitioner to join the same and to continue to serve there for one year. In reply to the said show cause notice, the petitioner submitted that such pleadings be ignored and may not be taken into account for the purpose of disposal of the instant petition. We do not see any reason to allow a party to make a pleading in the petition and then make a submission to the court to ignore it as such an issue has no bearing on the merits of the case being totally irrelevant.

Pleadings have to be true to the knowledge of the parties and in case a person takes such misleading pleadings, he can be refused not only any kind of indulgence by the court but can also be tried for perjury. In case, the pleading taken by the petitioner is true, he cannot ask for ignoring the same. In case, it is false and as such statement had been made on oath, he is liable to be tried for perjury. More so, whether such a pleading is relevant or not is a matter to be decided by the court a