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TMI Blog2016 (11) TMI 1658X X X X Extracts X X X X X X X X Extracts X X X X ..... Appeal from Order No. 489 of 2013 on the file of the High Court of Gujarat. The appeal before the High Court arose from an order passed by the Senior Civil Judge, Ahmedabad declining to grant an interim injunction, in Civil Suit No. 28 of 2012. Having extensively referred to the materials on record, the High Court after elaborately considering the arguments, by a detailed judgment, dismissed the appeal, confirming the order passed by the trial court. The plaintiff/respondent had also approached this Court by way of a Special Leave Petition (Civil) No. 14478 of 2016. The said Special Leave Petition has been dismissed on 15.11.2016 as not pressed on the submission that the parties have reached an amicable settlement on the issue. The High Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dings of Courts are being misused and abused to a large extent by such unscrupulous elements. In many cases, innocent persons are being cheated and defrauded by such elements, in the quest of earning easy money, dragging such innocent persons to litigations which go on for years together. 20. In the instant case also, the respondent No.1 - defendant No.1 after requesting the trial Court to reopen his right to file written statement, and after filing written statement at Exh.20 along with the affidavit and declaration supporting the case of the appellant - plaintiff, had filed an application at Exh. 43, requesting the trial Court to de-exhibit the earlier written statement at Exh. 20 by stating, inter alia, that the said written statement ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eclarations making false statements which could be read as evidence in the judicial proceedings, and thereby has prima facie acted in the manner which would affect the administration of justice, tantamounting to the offences as contemplated in Section 199 and Section 200 of IPC, and as referred in Section 195(1)(b)(i) of Cr.P.C. As stated herein above, nowadays such illegal transactions and agreements are rampant, and the process of law is being misused and abused by the unscrupulous elements, which ultimately hampers the administration of justice. The Court, therefore, is of the opinion that it is expedient in the interest of justice to file complaint against the respondent No.1 in exercise of the powers conferred under Section 340 of Cr.P ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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." There are two pre conditions for initiating proceedings under Section 340 CrPC - (i) materials produced before the court must make out a prima facie case for a complaint for the purpose of inquiry into an offence referred to in clause (b)(i) of sub-Section (1) of Section 195 of the CrPC and (ii) it is expedient in the interests of justice that an inquiry should be made into the alleged offence. The mere fact that a person has made a contradictory statement in a judici ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... CrPC has been committed, the court may dispense with the preliminary inquiry. Even after forming an opinion as to the offence which appears to have been committed also, it is not mandatory that a complaint should be filed as a matter of course. (See Pritish v. State of Maharashtra and Others[2002) 1 SCC 253]. In Iqbal Singh Marwah and Another v. Meenakshi Marwah and another[2005) 4 SCC 370], a Constitution Bench of this Court has gone into the scope of Section 340 of the CrPC. Paragraph-23 deals with the relevant consideration: "23. In view of the language used in Section 340 CrPC the court is not bound to make a complaint regarding commission of an offence referred to in Section 195(1)(b), as the section is conditioned by the words "cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the matter needs fresh consideration. We are also constrained to form such an opinion since it is fairly clear on a reading of the order that the court has not followed all the requirements under Section 340 of the CrPC as settled by this Court in the decisions referred to above regarding the formation of the opinion on the expediency to initiate an inquiry into any offence punishable under Sections 193 to 196 (both inclusive), 199, 200, 205 to 211 (both inclusive) and 228 of the IPC, when such an offence is alleged to have been committed in relation to any proceedings before the court. On forming such an opinion in respect of such an offence which appears to have been committed, the court has to take a further decision as to whether any co ..... X X X X Extracts X X X X X X X X Extracts X X X X
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