SUNIL HALI, J. - (1.) THIS petition has been filed by the applicant under section 482 Cr.P.C. seeking quashment of proceeding initiated? under section 340 Cr.P.C. by the trial court. On the basis of which, the notice is issued to the applicant that he has made a false statement? by stating that the revision of the respondents was dismissed by the Court.
(2.) THEY were directed to surrender before the court below and a cost of Rs. 25,000.00 was also imposed. This statement has been made by filing an affidavit before the trial court. On the basis of this, a notice was issued to the applicant. The case of the applicant is that? revision of the respondents was dismissed by the Court and they were directed to surrender before the trial court. It is contended by the learned counsel for the applicant that they had an impression that costs of Rs. 25,000.00 was also imposed. The intended purpose of the applicant was never to mislead the court and? he was under the bona fide belief that costs of Rs. 25,000.00 has been imposed.
(3.) THE ? stand of the learned counsel for the respondents is that the applicant has intentionally made a statement that a cost of Rs. 25,000.00 has been imposed while, in fact, the court had not imposed any such cost. This by itself is sufficient to proceed against the applicant under section 340 Cr.P.C. In order to understand the rival contention of the learned counsel for the respondent, it is necessary to re-produce Section 340 Cr.P.C. : "(1) When upon an application made to it in this behalf or otherwise any court is of opinion that it is expedient in the interest 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 for 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; 1[(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." ;