Sworn Affidavit Compulsory Along With Private Complaint: Karnataka High Court Reiterates

The Karnataka High Court has reiterated that a person filing a private complaint before the Magistrate court has to file a sworn affidavit in support of the complaint.A Single judge, Justice Mohammad Nawaz, held thus while allowing a petition filed by Parvati Sharanappa and another person and quashed the FIR and private complaint initiated by Rayappa Jangali against them on charges of cheating. In the complaint it was alleged that two cheques which were issued by the complainant towards security, were misused by the petitioners by filing a false case against him for offence punishable under Section 138 (cheque dishonour) of Negotiable Instruments (NI) Act. Thus the complainant had filed a private complaint and the magistrate had referred it to the police for investigation under Section 156 (3) of Cr.P.C, and consequently an FIR came to be registered. The petitioners referred to Supreme court's judgment in Priyanka Srivastava and another vs. State of Uttar Pradesh and others (2015) to contend that procedure laid down in the order has not been followed.The Supreme Court in its judgment had observed, "In our considered opinion, a stage has come in this country where Section 156 (3) Cr.P.C. applications are to be supported by an affidavit duly sworn by the applicant who seeks the invocation of the jurisdiction of the Magistrate. That apart, in an appropriate case, the learned Magistrate would be well advised to verify the truth and also can verify the veracity of the allegations. This affidavit can make the applicant more responsible. We are compelled to say so as such kind of applications are being filed in a routine manner without taking any responsibility whatsoever only to harass certain persons. That apart, it becomes more disturbing and alarming when one tries to pick up people who are passing orders under a statutory provision which can be challenged under the framework of the said Act or under Article 226 of the Constitution of India. But it cannot be done to take undue advantage in a criminal court as if somebody is determined to settle the scores". On going through the record the court noticed that a submission was made by the learned counsel for the complainant stating that police have not registered the case and in spite of submitting a complaint to the higher authorities, no case was registered. The Magistrate had then proceeded to refer the matter for investigation.The postal receipt for having sent the complaint to higher authorities was in fact submitted along with the complaint.However, the counsel for the complainant had admitted that there was no sworn affidavit filed by the complainant in support of the complaint as had been held in Priyanka Srivastava, the court noted. Observing that the Supreme Court has emphasised on the necessity to file an affidavit, so that the persons making application should be conscious and not make false affidavit, as if the affidavit is found to be false, the person would be liable for prosecution in accordance with law. The court held, “The impugned order dated 09.03.2023 and subsequent registration of FIR are set-aside. The complainant is at liberty to file a fresh complaint in accordance with law.” Case Title: Parvati & ANR AND State of Karnataka & anrCounsel for Petitioners: Advocate Sanjay A Patil for PetitionersCounsel for State: HCGP Anita M ReddyCounsel for Respondent 2: Advocate Mahadev S PatilCitation No: 2024 LiveLaw (Kar). 474Case No: CRIMINAL PETITION NO.200120 OF 2024Click Here To Read/Download Order

Sworn Affidavit Compulsory Along With Private Complaint: Karnataka High Court Reiterates

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