IN THE COURT OF MS. KAVERI WAVEJA, A.D.J.

,
(CENTRAL) COMM COURT DELHI

CS.1502 OF 2020

IN THE MATTER OF :-

ICICI BANK LTD. PLAINTIFF

VS

JITENDRA KUMAR DEFENDANT

NDOH 21/11/2022

APPLICATION U/S 340 CR.PC FOR INITIATION OF

PROCEEDINGS FOR OFFENCES U/S 193 , 200 ,463, 464, 465,
468,469,471 OF IPC

MOST RESPECTFULLY SHOWETH:

1. That the above mention matter is pending adjudication before this

Hon’ble court and is listed today for clarification/judgment.
2. That the present application is being filed u/s 340 of Cr.PC for
initiating proceedings u/s 195(1)(b) Cr. PC against Mr. Mohit
Grover Auth. Representative of plaintiff Bank. Who produce false
evidence by way of affidavit and produce false and fabricated
 documents in order to mislead the court of law in order to cause
wrongful loss and make harm to the reputation of the defendant.
3. That the A.R. of the plaintiff had absolute knowledge about his
conduct & documents that the plaintiff has forged and fabricated
the documents to initiating case against defendant. Hence is liable
to be prosecuted.
4. That the A.R. of the plaintiff had also absolute knowledge that he
has no proper legal authority to represent the plaintiff bank.
5. That the A.R. of the plaintiff had also absolute knowledge about
his conduct that he has falsely made averment in the affidavit that
there is no loan agreement on record. In his own affidavit he has
mentioned loan application and loan documents separately.
6. That the A.R. of the plaintiff had absolute knowledge that as per
plaintiff’s own documents jurisdiction of the case is in Ghaziabad
and the documents has been tempered /forged by the plaintiff
bank/AR. However, he is admitted this fact during cross
examination.
7. That despite the complete knowledge of forged and fabricated
documents, the A.R. of the plaintiff has furnished the forged,
fabricated documents before this Hon’ble court and tried to prove
the same as genuine by way of affidavit and showed those details
as true and Correct. By doing this act the A.R. of the plaintiff tried
to misguide, mislead and misappropriated this Hon’ble court.
8. That in his evidence by way of affidavit, A.R. of the plaintiff made
averment that he is well conversant with the facts of the case. A.R.
further made false averment by way of affidavit that loan
agreement, application and other documents has been signed /
executed by the defendant. While in actual these documents has
been signed/forged by the plaintiff bank/AR of the Plaintiff Bank.
9. That A.R. of the plaintiff is well aware that as per his own
documents and account statement jurisdiction of the case is made
out at Ghaziabad. While A.R. falsely had written in affidavit as
well as in plaint that the jurisdiction of the case is in Delhi. This act
of the A.R. of the plaintiff clearly shows his wrongful mental
inclination, malafide intention and deceitful nature to cheat the
court.
10. That while in actual defendant never visited the plaintiff’s
Videocon Tower branch. Even vehicle never carried to the
Videocon tower. This very fact was in knowledge of the AR and
he is well aware that Plaintiff bank has forged /fabricated/tempered
the documents to make the false jurisdiction but A.R. Mr. Mohit
Grover in affidavit claim that all the facts and contents of the plaint
are true and correct.
11. That the plaintiff bank did not stop with his dishonest mental
inclination by making the forged documents but with his deceitful
intention plaintiff filed this wrong, false, forged and fabricated
details before this Hon’ble court.
12. That the the A.R. of the plaintiff is in habit of forging the
documents with malafide intentions to use the same forged
documents at later stage to cheat the court, statutory authorities and
public at large.
13. That it is a settled principle that the petitioner/plaintiff while filing
the case must come to the court with clean hands and no material
facts should be concealed.

Section of IPC states,

193. Punishment for false evidence. —Whoever intentionally gives

false evidence in any stage of a judicial proceeding, or fabricates
false evidence for the purpose of being used in any stage of a
judicial proceeding, shall be punished with imprisonment of either
description for a term which may extend to seven years, and shall
also be liable to fine, and whoever intentionally gives or fabricates
false evidence in any other case, shall be punished with
imprisonment of either description for a term which may extend to
three years, and shall also be liable to fine.

200. Using as true such declaration knowing it to be false- whoever

corruptly uses or attempts to use as true any such declaration,
knowing the same to be false in any material point, shall be
punished in the same manner as if he gave false evidence.

463. forgery -Whoever makes any false documents or false

electronic record or part of a document or electronic record, with
intent to cause damage or injury, to the public or to any person, or to
support any claim or title, or to cause any person to part with
property, or to enter into any express or implied contract, or with
intent to commit fraud or that fraud may be committed, commit
forgery.

Section 195 of CrPC states,

195. Prosecution for contempt of lawful authority of public servants,

for offences against public justice and for offences relating to
documents given in evidence.

(1) No Court shall take cognizance-

(a) ommitted

(b) (i) of any offence punishable under any of the following

sections of the Indian Penal Code (45 of 1860), (namely, sections
193 to 196 (both inclusive), 199, 200, 205 to 211 (both inclusive) and
228, when such offence is alleged to have been committed in, or in
relation to, any proceeding in any Court,

(ii) of any offence described in sec 463 or punishable under

section 471, sec475 or sec 476 of the said code, when such offence is
alleged to have been committed in respect of a document produced
or given in evidence in a proceeding in any court,

(iii) ommitted,

except on the complaint in writing of that Court, or of some other

Court to which that Court is subordinate.

Section 340 of CrPC states,

Procedure in cases mentioned in section 195.

(1) When, upon an application made to it in this behalf or otherwise,

any Court is of opinion that it is expedient in the interests 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 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.

14. It is pertinent to note that, this is clear voice of fabrications and

contrary statements, which lead to the interference in the
administration of justice.
15. That the material on record before this Hon’ble Court prima facie
proves that the plaintiff and A.R. of the plaintiff has committed the
offence under sec 193,200, 420, 463, 471 IPC.

In these facts and circumstances, the applicant has filed this present
application before this Hon’ble Court for exercise of jurisdiction of this
Hon’ble court u/s 340 of the Cr.P.C, 1973 against the errant the plaintiff
and A.R. of the plaintiff and it is to expedient in the interest of justice to
prosecute the plaintiff bank and A.R. of the plaintiff as prima facie
evidences are available on record i.e judicial file of this very case
behalf.

The applicant craves leave of this Hon’ble court to raise any other or
further facts during course of argument .

Prayer :-

It is therefore, most humbly prayed that;

a) By considering the aforesaid facts and circumstances, the
necessary proceedings / inquiry against the plaintiff bank and
A.R. of the plaintiff be initiated for submitting/ producing false,
fabricated evidence intentionally during the judicial proceedings,
before this court of law . The necessary action is required to meet
the end of justice and in the interest of justice .
b) Kindly pass such other suitable orders as may deem fit and proper
to meet the ends of justice in the peculiar facts and circumstances
of the case.
c) pass such other or further orders as this Hon’ble Court may deem
fit and proper in the facts and circumstances of the case in hand.

Dated: ___/12/2022

New Delhi Applicant/Accused

Through Counsel

R.K.SONKIYA& Akash Deep

Advocates
CH. NO.424, PATIALA HOUSE COURT
NEW DELHI-1,MOB. NO. 8700271971
Email: llexicon9@gmail.com
 IN THE COURT OF MS. KAVERI WAVEJA, A.D.J.,
(CENTRAL) COMM COURT DELHI
CS.1502 OF 2020
IN THE MATTER OF :-
ICICI BANK LTD. PLAINTIFF
VS
JITENDRA KUMAR DEFENDANT
AFFIDAVIT
I, Anurag Verma S/o Lt Sh. Om Prakash Verma aged 49 years
old R/O H.No . 74, Purva Hira Lal, Punjab Line Ghaziabad, POA
holder of defendant do here solemnly affirm and declare as under.

1. That the deponent is the defendant in the above said case and
being well aware with the facts and circumstances of the case is
competent to swear this affidavit .
2. That the accompanying Application under section 340 CRPC has
been prepared by the counsel for the deponent and same has been read
over vernacular which is found true and correct .
3. That the contents of the accompanying Application have not been
reproduce herein for the sake of brevity the same may be read as part
and parcel of this affidavit.

Deponent
Verification:
It is verified at New Delhi on _____ day of Dec 2022 that
the contents of the above affidavit are true and correct and
nothing has been concealed there from.

Deponent