Crl.Revision No.58/09 vs State on 25 July, 2009
In BSES Rajdhani
Power Ltd. and Ors vs Ishwar Chand and Anr 2009(2) JCC 985 it
was observed that section 344 has no application where neither
any evidence was led by the petitioner/complainant nor any false
affidavit was filed nor any other act or omission was committed
on the part of the petitioner knowingly. In view of the aforesaid
legal position, MD could not have been summoned by ld.MM to
reply to the show cause notice u/s 344 Cr.P.C. as he did not
appear as a witness . As regards, the ARs who appeared as
witnesses in such proceedings, the requirement of section 344
Cr.P.C. is that such witness, should have given the false evidence
knowingly or willfully, so the question of mens-rea is important.
In this case, the ARs appeared and testified in routine manner. AR
seems to be negligent in not carefully comparing the contents of
the affidavit with the relevant record but it cannot be held that
he had intentionally or knowingly given false evidence , so the
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necessary ingredients are not established, even against the AR.
The impugned orders in both the petitions suffers from illegality
and are therefore set aside. The notice to the MD of the
complainant company is recalled. Copy of this order be placed in
Cri.Revision No.59/09.TCR alongwith copy of this order be sent to
concerned court.