A division bench of the Apex Court held (again!) as follows,
From Para 11,
11. It is settled law that a litigant who, while filing proceedings in the court, suppresses material facts or makes a false statement, cannot seek justice from the court. The facts suppressed must be material and relevant to the controversy, which may have a bearing on the decision making. Cases of those litigants who have no regard for the truth and those who indulge in suppressing material facts need to be thrown out of the court.
From Para 15,
15. It is pertinent to note that in the counter to the present appeal, the respondent has not denied the receipt of the letters dated 28th November 2016 and 13th December 2016. The complaint and affidavit in support of the complaint only refer to the notice dated 15th November 2016 issued by the advocate for the appellant to the respondent. What is stated in the complaint reads thus:
“……………………………………………………..
[D] The notice sent on the first address has been received on 15.11.2016. However, from the second address, envelope has been returned on 15.11.2016 with the postal remark as ‘left’.”
However, the respondent suppressed the letters dated 28th November 2016 and 13th December 2016 in the complaint and its statement on oath.
From Para 18 and 19,
18. The fact remains that in the complaint, the respondent has suppressed the reply dated 28th November 2016 and the letter dated 13th December 2016 sent by the appellant’s advocate. These two documents have also been suppressed in the statement on oath. The respondent made out a false case that the appellant did not reply to the demand notice. Moreover, the case that the documents as demanded were supplied is not pleaded in the complaint and statement under Section 200 of CrPC.
19. If these two letters were disclosed in the complaint, the learned Magistrate while recording the statement under Section 200 of CrPC, could have always questioned the respondent on the supply of documents to the appellant. What is important is that in the reply dated 28th November 2016, the appellant had reserved her right to give a reply to the demand notice after receiving the documents. It was the respondent’s duty to supply documents to the appellant or her advocate to enable the appellant to properly reply to the demand notice. At least, the inspection of documents could have been provided to the appellant. After noticing the fact that notwithstanding service of two letters written by the appellant, relied upon documents were not provided to the appellant, the learned Magistrate could have dismissed the complaint by exercising power under Section 203 of CrPC, as the appellant could not have replied to the statutory notice without looking at the documents relied upon.
From Para 21,
21. While filing a complaint under Section 200 of CrPC and recording his statement on oath in support of the complaint, as the complainant suppresses material facts and documents, he cannot be allowed to set criminal law in motion based on the complaint. Setting criminal law in motion by suppressing material facts and documents is nothing but an abuse of the process of law.
Citations: [2025 INSC 399], [2025 SCC OnLine SC641]
Other Sources:
https://indiankanoon.org/doc/120031673/
Index of Perjury Judgments is here.
