Crl.O.P.No.1834 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.02.2023

CORAM

THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN

Crl.O.P.No.1834 of 2023

S.Elred Kumar

... Petitioner

Vs.

M/s.City Union Bank Ltd.,

Represented by its Chief Manager,

C.Venkatraman,

No.706, Ashok Nagar,

Chennai.

... Respondent

PRAYER

: This Criminal Original Petition filed under Section 482 of Cr.P.C., to

pass a direction Debt Recovery Tribunal II, Chennai to initiate criminal

prosecution under Section 195(1)(b) r/w 340(1) Cr.P.C against the respondent

for producing false evidence under Section 192 and 193 IPC in O.A.No.33 of

2014 on the file of Debt Recovery Tribunal II, Chennai.

For Petitioner

: Mr.K.P.S.Palanivelrajan

ORDER

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Crl.O.P.No.1834 of 2023

This Criminal Original Petition has been filed for directing the Debt

Recovery Tribunal II, Chennai to initiate criminal prosecution under Section

195(1)(b) r/w 340(1) Cr.P.C against the respondent for producing false evidence

under Section 192 and 193 IPC in O.A.No.33 of 2014, on the file of Debt

Recovery Tribunal II, Chennai.

2. The learned counsel for the petitioner submitted that the petitioner

purchased a property from one Shanmugam on 27.08.2004 and is in possession

of all the documents in connection with the property. City Union Bank filed

OA.No.33 of 2014 on the file of the Debt Recovery Tribunal-I at Chennai for

recovery of money against M/s.Esvee Card and four others including the

petitioner. City Union Bank claimed that the documents, which are in possession

and custody of the petitioner, are in possession of the City Union Bank. However,

when the matter came to be disposed, learned Presiding Officer of Debt Recovery

Tribunal-II, Chennai observed that the documents are not in possession of City

Union Bank. Therefore, the petitioner has filed this petition seeking a direction to

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Crl.O.P.No.1834 of 2023

the Debt Recovery Tribunal II, Chennai to initiate criminal prosecution under

Section 195(1)(b) r/w 340(1) Cr.P.C against the respondent for producing false

evidence under Section 192 and 193 IPC in O.A.No.33 of 2014 on the file of

Debt Recovery Tribunal II, Chennai.

3. Heard the submissions of the learned counsel for the petitioner. Perused

the records.

4. This Court, on going through Section 195 CrPC finds that, if any

offence punishable under any of the Section namely, sections 193 to 196, is

committed in, or in relation to, any proceeding in any court, no Court shall take

cognizance of the offence, except on the complaint in writing of that Court or by

such officer of the Court as that Court may authorize in writing in this behalf, or

of some other Court to which that Court is subordinate.

5. For better understanding, relevant portion of Section 195 CrPC is as

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Crl.O.P.No.1834 of 2023

follows,

“(1) No court shall take cognizance-

(a)

(i) If any offence punishable under sections 172

to 188 (both inclusive) of the Indian Penal Code

(45 of 1860), or

(ii) Of any abetment of, attempt to commit, such

offence, or

(iii) Of any criminal conspiracy to commit, such

offence,

Except on the complaint in writing of the public servant

concerned or of some other public servant to whom he is

administratively subordinate;

(b)

(i) Of any offence punishable under any of the

following sections of the Indian Penal Code (45

of 1860), namely, sections 193 to 196 (both

inclusive), 199, 200, 205 to 211 (both inclusive)

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Crl.O.P.No.1834 of 2023

and 228, when such offence is alleged to have

been committed in, or in relation to, any

proceeding in any court, or

(ii) Of any offence described in section 463, or

punishable under section 471, section 475 or

section 476, of the said Code, when such offence

is alleged to have been committed i