Madras High Court
K.Selvaraju vs K.Tamilselvan on 9 January, 2024
Author: R.Subramanian
Bench: R.Subramanian
CRP.No.2466 of 2021
THE HIGH COURT OF JUD ICATURE AT MADRAS
DATED: 09.01.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.R.P.No.2466 of 2021
K.Selvaraju ...Petitioner
Vs.
K.Tamilselvan ...Respondent
Prayer: Civil Revision Petition filed under Section 227 of the Constitution
of India, against the order dated 14.09.2021 passed in unnumbered I.A.No...
of 2021 in O.S.No.40 of 2011 on the file of the learned Principal District
Judge, Namakkal.
For Petitioner : Mr.N.Subramaniyan
For Respondent : Mr.L.Mouli
ORDER
Aggrieved by the order passed by the learned Sub-ordinate Judge,
Namakkal returning the petitioner's application filed under Section 340
Cr.P.C., seeking to prosecute the respondent for tendering false evidence
before the Court, the petitioner has come up with this revision.
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2. The facts that led to filing of the revision is as follows:-
The respondent filed a suit in O.S.No.40 of 2011 seeking recovery of
a sum of Rs.12,47,983/- due and payable under a promissory note dated
10.08.2008 allegedly executed by the petitioner for a principal sum of
Rs.9,50,000/-. Claiming that the petitioner has not paid either the principal
or the interest, the said suit was filed for recovery. The suit came to be
decreed after contest and an appeal against the said judgment was also
dismissed by this Court.
3.The petitioner, who is the defendant in the suit filed two
applications. One for re-calling the judgment and other to prosecute the
respondent / plaintiff in the suit for having tendered false evidence. The
claim that the respondent had tendered false evidence was based on his
evidence in a Maintenance Case filed by his wife seeking monthly
maintenance wherein, the respondent had claimed that he had no source of
income and he was not working abroad as alleged.
4.It was also contended that he had deposed that he was not the
owner of the business called "Cool World", situate at Namakkal-Trichy
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road, engaged in selling of Air Conditioners. Pointing out the
contradictions in the evidence tendered in the suit and the evidence
tendered in the maintenance cases, the petitioner sought for prosecution of
the respondent on the ground that he has deposed falsely before the District
Court in the suit along with this application filed under Section 340 of
Cr.P.C. Another application was filed to re-call the judgment.
5.The learned Trial Judge rejected the petition for re-calling the
judgment and returned the petition for prosecution citing the same grounds
on which the application for re-calling the judgment was rejected.
6.I have heard Mr.M.N.Subramaniyan, learned counsel for the
petitioner and Mr.L.Mouli, learned counsel for the respondent.
7.I find that the order of return cannot be sustained. A serious
allegation of production of false evidence or perjury is made against a party
proceeding, the Court has to necessarily examine the same. From a reading
of the depositions that are available would show that there are
contradictions in the claims made by the respondent before the Civil Court
in his suit for recovery and before the Criminal Court in an application for
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maintenance filed by his wife. Both depositions cannot be true. One of
them will have to be false.
8.In the light of such evidence, I find that the return of the application
on the ground that the application to set aside the decree has been rejected
is wholly unjustified. The Trial Court ought to have numbered the
application and decided as to whether there was any perjury committed so
as to enable prosecution.
9.In view of the above, this Civil Revision Petition is allowed, the
order of the Trial Court, returning the application is set aside. The Trial
Court is directed to number the application filed under Section 340 of
Cr.P.C., r/w. 195 of the Indian Penal Code in Sr.No.5844 dated 06.07.2021
and dispose of the same in accordance with law after notice to the
respondent. No costs.
09.01.2024
kkn
Internet:Yes/No
Index:Yes/No
Speaking/Non-speaking order
Nuetral Citation :Yes/No
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To:-
The Principal District Court,
Namakkal.
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R.SUBRAMANIAN, J.
KKN
09.01.2024
https://www.mhc.tn.gov.in/judis
