Whether CMM in exercise of jurisdiction under Section 14 of SARFAESI Act could entertain an application under Section 340 CrPC at the instance of third party and pass an order staying its earlier order? – Cholamandalam Investment and Finance Company Ltd. Vs. Sh Mahesh Taneja and Ors. – Delhi High Court
Hon’ble Delhi High Court held that:
(i) Before passing such an order the CMM or District Magistrate is not even obliged to give notice or afford any hearing to the borrower. This itself shows that the function to be performed by the Magistrate under Section 14 of the SARFAESI Act is ministerial and not adjudicatory.
(ii) It will not be within the purview of the Magistrate’s jurisdiction under Section 14 of the SARFAESI Act to entertain any objection either of the borrower or of any third party questioning the exercise of powers under the said provision.
(iii) The power under Section 340 CrPC read with Section 195(1)(b) CrPC can be exercised only where someone fabricates false evidence or gives false statement in the judicial proceedings, and not in other proceedings. This becomes evident from the reading of Sections 193, 199, 204 and 209 of the Indian Penal Code which have been referred to in Section 195(1)(b) CrPC.