New Delhi: 

The bench, in a judgment delivered on March 26, said recording the complainant's statement on oath under Section 200 of the CrPC is not an empty formality. The bench said the object of recording the complainant's statement and witnesses, if any, is to ascertain the truth, and the magistrate is duty-bound to put questions to the complainant to elicit the truth.

The bench said the examination is necessary to enable the court to satisfy itself whether there are sufficient grounds to proceed against the accused. The bench said if the magistrate is satisfied that there is sufficient ground to proceed against the accused, then the magistrate has to issue a process in terms of sub-Section (1) of Section 204 of the CrPC (the corresponding provision under the BNSS is Section 227).

The Supreme Court said that a litigant, who suppresses material facts or makes a false statement, cannot seek justice from the court and cases of such litigants’, who have no regard for the truth, should be thrown out of the court.

A bench of Justices, Abhay S Oka and Ujjal Bhuyan, said if in a complaint filed under Section 200 of the Criminal Procedure Code material facts and documents are suppressed, then the complainant cannot be permitted to set criminal law in motion.

“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”, said the bench.

The bench made these observations while quashing criminal proceedings in a case of cheque dishonour and allowed a plea by Rekha Sharad Ushir challenging the Bombay High Court's order of December 18, 2023.

“Setting criminal law in motion is a serious matter. The accused faces serious consequences in the sense that he has to defend himself in the trial”, said the bench. The bench said 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.

“A case was belatedly made out for the first time by filing an additional affidavit on 9th January 2025 that statements of loan account sought by the appellant were furnished to her and her signature appears on the statements”, said the bench.

“The stand taken in January 2025 that the statement of accounts was supplied on 29th November 2016 is clearly an afterthought”, said the bench.

“We make it clear that the other remedies of the respondent to file proceedings for recovery of the amount allegedly due and payable by the appellant in accordance with law will remain open. The appeal is, accordingly, allowed”, said the apex court.

“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”, said Justice Oka, who authored the judgment on behalf of the bench.

The apex court said the high court ought to have interfered and quashed the complaint as this was a case where very material documents in the form of two letters addressed by the appellant were suppressed in the complaint and the statement on oath under Section 200 CrPC.

The apex court said that the respondent Saptashrungi Mahila Nagari Sahkari Patsansta Ltd has suppressed the reply of November 28, 2016, and the letter of December 13, 2016, sent by the appellant’s advocate about dishonour of the cheque to the sum of Rs 27,27,460 out of an overdraft facility.

The bench said the respondent made out a false case that the appellant did not reply to the demand notice, and added, “Moreover, the case that the documents as demanded were supplied is not pleaded in the complaint and statement under Section 200 of CrPC”.

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