- (1.) G. S. N. Tripathi, J. This is an appeal under Section 340 Cr. P. C. directed against the judgment and order, dated 21-10-1992 passed by the 2nd Addl. Sessions Judge, Meerut in Misc. Case No. 46 of 1990 Nem Chand Jain v. Salek Chand and others, whereby the learned Addl. Sessions Judge has rejected the application under Section 340, Cr. P. C. for launching prosecution against the respondent.
(2.) IT appears that P. A. Case No. 102 of 1981 was allowed on 11-11-1987. Thereafter the learned 2nd Addl. Sessions Judge while exercising him discretion and jurisdiction rejected the application under Section 340, Cr. P. C. Hence this appeal. After hearing learned counsel for the parties, I find no force. While launching the proceedings the following facts are essential. It is expedient in the interest of justice that an enquiry should be made into any offence referred to in clause (b) of sub-section of Sec tion 195 which appears to have been committed to 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 may, after such preliminary enquiry, if any, as it thinks necessary : (a) record a finding to that effect, (b) make a complaint thereof in writing. The learned Addl. Session Judge has observed in para 3 of his judgment that the respondents alleged in their reply that they did not make any false allegation intentionally and purposely, motivated which any personal grudge and they also explained the circumstances under which the alleged wrong facts were mentioned by them in the affidavits and filed documentary evidence to show their bona fides. Again in para 5 the learned Sessions Judge has observed that "the applicant has failed to impress that the allega tions were made in the affidavit by the opposite parties deliberately and they were wrong in the light of explanation given and the evidence adduced. I am unable to agree that the allegations made were purposely false or the same had been made to malign the applicant in making a defence in such cases. Generally such averments are made on the basis of knowledge and belief by the parties concerned and such allegations cannot be held to be deliberately false attracting the provisions of Sections 193 and 209, I. P. C. " Not only this, the court was also not of the opinion that it was expedient in the interest of justice that such enquiry should be made.
(3.) IN this state of affairs I find that the learned lower court committed no illegality in rejecting the application under Section 340, Cr. P. C. The appeal has no force. It is accordingly dismissed. Appeal dismissed. .;