ORDER

K.B. Sangannanavar, Judicial Member—This is an appeal filed U/s.15 of CPA 1986 by Complainant/Appellant aggrieved by the order dtd.24.04.2017 passed in CC/1731/2003 on the file of Bengaluru 4th Addl., DF.

2. None appears for Complainant. Learned counsel for R.1 & 2 is present and submits arguments. Commission examined the impugned order and grounds of appeal.

3. If Commission examined the points that arises in CC/1731/2003 for consideration are in respect of proof of OP filing affidavit evidence on 04.04.2004, and to consider, whether Complainant has made out grounds to file complaint U/s.340 of Cr.PC against Mr. Shivaram.T.S, AEE which on consideration and in appreciation came to be negated, thereby dismissed the complaint. The Forum below found no cogent evidence to connect the intentional false evidence alleged to have submitted by Mr. Shivaram.T.S, AEE. The Appellant/Complainant filed complaint U/s.13(4) of CPC, 1986, Sec.13(4) provides for—

For the purposes of this section, the District Forum shall have the same powers as are vested in a civil court under Code of Civil Procedure, 1908 while trying a suit in respect of the following matters, namely:—

(i) the summoning and enforcing the attendance of any defendant or witness and examining the witness on oath;

(ii) the discovery and production of any document or other material object producible as evidence;

(iii) the reception of evidence on affidavits;

4. Thus the procedure contemplated U/s.13(4) is the procedure to be followed as to how the evidence has to be received and in so far to invoke Sec.340 of CrPC which provides for Procedure in cases mentioned in section 195.—

(1) When, upon an application made to it in this behalf or otherwise, any Court is of opinion that it is expedient in the interests of Justice that an inquiry should be made into any offence referred to in clause (b) of sub-section (1) of section 195, which appears to have been committed in or in relation to a proceeding in that Court or, as the case may be, in respect of a document produced or given in evidence in a proceeding in that Court, such Court may, after such preliminary inquiry, if any, as it thinks necessary,—

(a) record a finding to that effect;

(b) make a complaint thereof in writing;

(c) send it to a Magistrate of the first class having jurisdiction;

(d) take sufficient security for the appearance of the accused before such Magistrate, or if the alleged offence is non-bailable and the Court thinks it necessary so to do, send the accused in custody to such Magistrate; and

(e) bind over any person to appear and give evidence before such Magistrate.

(2) The power conferred on a Court by sub-section (1) in respect of an offence may, in any case where that Court has neither made a complaint under sub-section (1) in respect of that offence nor rejected an application for the making of such complaint, be exercised by the Court to which such former Court is subordinate within the meaning of sub-section (4) of section 195.

(3) A complaint made under this section shall be signed,—

(a) where the Court making the complaint is a High Court, by such officer of the Court as the Court may appoint;

(b) in any other case, by the presiding officer of the Court or by such officer of the Court as the Court may authorise in writing in this behalf.

(4) In this section, “Court” has the same meaning as in section 195.

5. Thus, in this case, Complainant alleged against Mr. Shivaram.T.S. AEE that he had submitted false things and thereby committed offence U/s.340 of CrPC for which he cannot invoke the provisions of Sec.340 of CrPC and the Commission below cannot initiate action U/s.340 of CrPC at the instance of Mr. M.V. Srinivasa/Complainant in consumer complaint. In such view of the matter, Commission did not find any errors committed by Forum below in dismissing the complaint. Accordingly, the appeal is hereby dismissed with no order as to cost.

6. Notify copy of this Order to the District Comm