M/S.GANEKAR AND CO., v. CANARA BANK REP BY

Factual and Procedural Background

The petitioner, M/s. Ganekar & Co., filed a Criminal Original Petition under Section 482 of the Criminal Procedure Code seeking a direction to the Chief Judicial Magistrate to take action against the respondent, Canara Bank, under Section 191 IPC for allegedly giving false evidence in Criminal MP.No.5876 of 2020 by way of a proof affidavit dated 12.07.2018. The matter concerns the respondent's conduct in the said criminal miscellaneous petition.

Legal Issues Presented

1. Whether the respondent committed the offence of giving false evidence under Section 191 IPC in Criminal MP.No.5876 of 2020.
2. Whether the Court should direct the Chief Judicial Magistrate to take action against the respondent based on the petitioner's allegations.

Arguments of the Parties

Respondent's Arguments

• The respondent's counsel submitted that the respondent is ready and willing to withdraw Criminal MP.No.5876 of 2020.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The Court considered the respondent's submission expressing willingness to withdraw the impugned Criminal MP.No.5876 of 2020. In light of this, the Court directed the respondent to withdraw the petition forthwith. Additionally, the Court allowed the respondent liberty to file a fresh petition after the disposal of the appeal pending before the Debt Recovery Appellate Tribunal filed by the petitioner. The decision reflects the Court's approach to avoid unnecessary litigation on disputed facts until the related appeal is resolved.

Holding and Implications

The Criminal Original Petition is disposed of.

The direct consequence of this decision is that the respondent must withdraw the existing Criminal MP.No.5876 of 2020 immediately. The respondent retains the right to file a fresh petition subsequent to the resolution of the related appeal before the Debt Recovery Appellate Tribunal. The Court did not establish any new precedent or address the substantive merits of the alleged false evidence beyond ordering the withdrawal and disposal of the petition.