CM(M) 160/2022

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$~17

*

IN THE HIGH COURT OF DELHI AT NEW DELHI

+

CM(M) 160/2022 & CM APPL. 26958/2022

M/S G.S BERAR AND CO. PVT. LTD. & ANR...... Petitioners

Through:

Mr. Saurabh Prakash and Mr.

Anant Aditya Patro, Advs.

versus

M/S TRANS ASIAN INDUSTRIES EXPOSITIONS PVT.

LTD

..... Respondent

Through:

Mr. Lakshay Dhamija and Mr.

Sahil Dutta, Advs.

CORAM:

HON'BLE MR. JUSTICE C. HARI SHANKAR

O R D E R (ORAL)

%

01.06.2022

CM APPL. 26958/2022 in CM(M) 160/2022

1.

By this application, preferred in CM(M) 160/2022, the

petitioners seek initiation of proceedings, against the respondent,

under Section 340 of the Code of Criminal Procedure, 1973 (Cr PC).

2.

Section 340 Cr PC reads thus:

“340. 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,-

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/002202

CM(M) 160/2022

Page 2 of 10

(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.

(4)

In this section," Court" has the same meaning as

in section 195.”

3.

Clearly, Section 340 Cr PC relates back to Section 195 (1)(b) of

the Cr PC.

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/002202

CM(M) 160/2022

Page 3 of 10

4.

On a query from the Court as to the provision of the IPC,

amongst the several provisions envisaged by Section 195 (1) (b) of

Cr.PC, that the petitioners seek to invoke against the respondent,

learned Counsel for the petitioners submits that he is invoking Section

209 of the IPC, which reads as under:

“209.

Dishonestly making false claim in Court.—

Whoever fraudulently or dishonestly, or with intent to injure

or annoy any person, makes in a Court of Justice any claim

which he knows to be false, shall be punished with

imprisonment of either descrip-tion for a term which may

extend to two years, and shall also be liable to fine.

5.

Plainly read, Section 209 IPC applies only where a person

fraudulently or dishonestly makes a claim, in a Court, which he knows

to be false, with intent to injure or annoy any person. There are,

therefore, three ingredients in Section 209, viz. (i) the making, by the

6.

These three ingredients, plainly, have to be read cumulatively

and, in the absence of any one of the ingredients, even a prima facie

case for initiating proceedings under Section 340 Cr PC read with

Section 209 of the IPC cannot be said to be made out.