Nisha Chandola vs Manoj Sharma - Perjury Proceedings

## Unlock Advanced Research with PRISM AI

• Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc -... Upgrade to Premium [Cites 15, Cited by 0 ] ### Delhi High Court

Nisha Chandola & Anr vs Manoj Sharma And Anr on 24 March, 2026

Author: Subramonium Prasad

Bench: Subramonium Prasad

•  IN THE HIGH COURT OF DELHI AT NEW DELHI
                                                            Date of decision: 24th MARCH, 2026
                           IN THE MATTER OF:
                           CRL.M.A. 6275/2026
                           IN
                    +      CS(OS) 246/2023
                           NISHA CHANDOLA & ANR                                      ......Plaintiffs
                                              Through:     In person.
  
                                              versus
  
                           MANOJ SHARMA AND ANR                    ......Defendants
                                       Through: Ms. Shruti Kapur, Advocate for D-1.
  
                           CORAM:
                           HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
                                              JUDGMENT CRL.M.A. 6275/2026
  

1. The instant application is filed under [Section 340](https://indiankanoon.org/doc/908644/) of the Criminal
                     Procedure Code, 1973 (hereinafter referred to as " [CrPC](https://indiankanoon.org/doc/445276/) ") for initiation of
                     perjury proceedings against the Defendant No. 1 for making false statements
                     on oath.
   

2. The present suit is one for partition, rendition of accounts and
                     recovery of amounts due to the Plaintiffs from the Defendants.
   

3. The facts of the case, as mentioned in the Plaint, reveal that the
                     Parties are the children of one Late Ram Chander Sharma, who died
                     intestate on 28.04.2022. The Petitioners and Defendant No. 2 herein are the
                     daughters of the deceased, whereas the Defendant No. 1 is the son of the
                     deceased. It is stated that during his lifetime, the deceased acquired various Signature Not Verified Signed By:PRATEEK         CS(OS) 246/2023                                                  Page 1 of 10 Signing Date:24.03.2026 15:47:31 movable and immovable properties, which are mentioned in Paragraph No.
                     3 of the Plaint. The Plaintiffs, raising apprehensions of Defendant No. 1
                     misappropriating money from the suit properties, filed the instant suit
                     seeking partition in all the properties mentioned in the Suit Schedule.
   

4. The instant application was listed on 25.02.2026. Petitioner No. 1 was
                     appearing in-person before this Court via Video Conferencing.
   

5. On the said date, this Court puts a pointed question to the Petitioner
                     No. 1 as to why the criminal proceedings under [Section 340](https://indiankanoon.org/doc/908644/) of the CrPC are
                     to be initiated against the Defendant No. 1. Upon this query, the Petitioner
                     No. 1 submits that the Defendant No. 1 had deliberatively given false
                     statements in his pleadings as well as the affidavits dated 03.09.2025 and
                     15.01.2026 with an intent to interfere with the administration of justice. It is
                     stated that the statements made by the Defendant No. 1 before this Court via
                     affidavits dated 03.09.2025 and 15.01.2026 are backed by only forged
                     documentation, thereby revealing his intent to deceive this Court.
   

6. Per contra, learned Counsel for the Defendant No. 1 vehemently
                     objected to the present application, thereby stating that the application is
                     frivolous in nature.
   

7. Heard learned Counsel for the parties and perused the material on
                     record.
   

8. It is observed that on 15.07.2025, this Court directed the Defendant
                     No. 1 to file an affidavit disclosing all the assets received by the Defendant
                     No. 1 by transfer upon the demise of the father. It further directed the
                     Plaintiff to file the Joint Schedule of Properties, which is also on record.
   

9. The affidavit dated 03.09.2025 reads as under:-
   

"1. That I am the Defendant No. 1 in the above Signature Not Verified Signed By:PRATEEK CS(OS) 246/2023 Page 2 of 10 Signing Date:24.03.2026 15:47:31 captioned matter. I am well conversant with the facts
and circumstances of this - case. As such, I am
competent to swear and depose this Affidavit.

1That the present Affidavit is being filed in terms of
Order dated 15.07.2025 passed by this Hon'ble Court
wherein this Hon'ble Court directed the deponent to
make a full disclosure of the estate inherited by him
from his father, Late Sh. Ramesh Chandra Sharma.

1. IMMOVABLE PROPERTIES

A. 36, Sharad Cooperative Building Society,
Karkardooma, Delhi 110092 admeasuring 177.80 sq.
yds.

i. That the said property was purchased by Late Sh.
Ramesh Chandra Sharma vide registered Conveyance
Deed dated 17.06.1994.

ii. That the deponent has inherited the said property
consisting of a ground floor, first floor and second
floor, vide Will dated 25.06.2021 executed by Late Sh.
Ramesh Chandra Sharma.

iii. The deponent has duly disclosed the
aforementioned facts at paragraph 11(a) of the Written
Statement dated 11.08.2023.

B. 28, Second Floor, Sharad Vihar, Karkarsdooma,
Delhi 110092.

i. That the said property was purchased by Late Sh.
Ramesh Chandra Sharma in the year 2016.

ii. That the deponent has inherited the said property
vide Will dated 25.06.2021 executed by Late Sh.
Ramesh Chandra Sharma.

iii. The deponent has duly disclosed the
aforementioned facts at paragraph 11 (b) of the Signature Not Verified Signed By:PRATEEK CS(OS) 246/2023 Page 3 of 10 Signing Date:24.03.2026 15:47:31 Written Statement dated 11.08.2023.

C. Industrial land bearing plot no. 249, FIE
Patparganj admeasuring 367.50 sq. meters.

i. That the said property was purchased by Late Sh.
Ramesh Chandra Sharma vide lease deed dated
06.08.19991 which got converted to freehold vide
registered Conveyance Deed dated 24.12.2008 in the
name of the father.

ii. That the father had gotten construction done on the
said property and thereafter bought plant and
machinery.

iii. That the said property was used for running the
business in New Samudra Art Centre by Late Sh.
Ramesh Chandra Sharma and the deponent until 2020
when it was shut down.

iv. That the plant and machinery in the said property
has become obsolete since then and are scrap.

v. That the deponent has inherited the said property
vide Will dated 25.06.2021 executed by Late Sh.
Ramesh Chandra Sharma.

vi. The deponent has duly disclosed the aforementioned
facts at paragraph 11 (c) of the Written Statement
dated 11.08.2023.

D. Property bearing no. B-119, Sector 63, Noida,
Gautam Budh Nagar, UP 201301.

i. That the said property is admittedly owned by the
company namely M/s Ambika Garments Pvt. Ltd. and
the said company is not a party in the present suit. As
such, no relief can be granted qua the assets of the
company.

1. The deponent has duly disclosed the Signature Not Verified Signed By:PRATEEK CS(OS) 246/2023 Page 4 of 10 Signing Date:24.03.2026 15:47:31 aforementioned facts at paragraph 11(e) of the Written
   Statement dated 11.08.2023.

2. MOVABLE PROPERTIES

i. Late Sh. Ramesh Chandra Sharma held a Savings
Bank Account with the Bank of Baroda.

ii. As on the date of demise of Late Sh. Ramesh
Chandra Sharma, the amount in savings bank account
was Rs. 24,87,163.03/- (Rupees Twenty-Four Lakhs
Eighty Seven Thousand One Hundred and Sixty-Three
point Zero Three only).

iii. Late Sh. Ramesh Chandra Sharma also held fixed
deposits with the Bank of Baroda amounting to a sum
of Rs. 15,23,96,853/- (Rupees Fifteen Crores
TwentyThree Lakhs Ninety-Six Thousand Eight-
Hundred and Fifty-Three only) with the following
account nos.

00980300017704;00980300017705;00980300020186;
00980300021382;00980300021651;00980300021654;
00980300023307; 00980300024152; 0980300024153;
00980300024154;00980300024562;00980300024836;
00980300025251;00980300025252.

iv. Late Sh. Ramesh Chandra Sharma had applied for
an overdraft facility for New Samudra Art Centre of
approximately Rs. 1.5 crores for which Rs. 95-97 lakhs
were in use and had to be paid for post his demise.

v. The deponent was made a nominee by Late Sh.
Ramesh Chandra Sharma in the FDs in the Bank of
Baroda Account.

vi. That the deponent has inherited the aforementioned
sums vide Will dated 25.06.2021 executed by Late Sh.
Ramesh Chandra Sharma. The same have been
transferred to the deponent in terms of the Will in or
around October/November, 2022.
Signature Not Verified Signed By:PRATEEK CS(OS) 246/2023 Page 5 of 10 Signing Date:24.03.2026 15:47:31
vii. The deponent has duly disclosed the
aforementioned facts at paragraph 11(f-g) of the
Written Statement dated 11.08.2023.

C. Mutual Funds

i. That Late Sh. Ramesh Chandra Sharma had mutual
funds wherein he had made the deponent a nominee.

1. That the value of the mutual funds on the date of
   his demise was Rs. 1,04,66,967/- (Rupees One Crore
   Four Lakhs Sixty-Six Thousand Nine-Hundred and
   Sixty Seven only).

2. That the deponent has inherited the
   aforementioned sums vide Will dated 25.06.2021
   executed by Late Sh. Ramesh Chandra Sharma.

iv. The said sums were directly received by the
deponent on 05.12.2022 in terms of the Will.

v. The deponent has duly disclosed the aforementioned
facts at paragraph 11 (f-g) of the Written Statement
dated 11.08.2023.

D. Besides the aforesaid, Late Sh. Ramesh Chandra
Sharma has left behind one car and household items at
36, Sharad Vihar, Karkardooma, Delhi.

1. That the Plaintiff has alleged that Late Sh. Ramesh
   Chandra Sharma also had a life insurance policy in his
   name. It is stated that Late Sh. Ramesh Chandra
   Sharma had taken on a life insurance policy in the
   name of Mr. Aditya Khanduri, son of the deponent,
   who is the beneficiary of the said policy. The insured
   sums have been transferred to the deponent on behalf
   of his son Mr. Aditya Khanduri in October, 2023. The
   Plaintiffs have no right, title or interest in the said
   policy as per law. Copy of India First Money Balance
   Plan taken in the name of Mr. Aditya Khanduri is
   annexed as Document-A. Signature Not Verified Signed By:PRATEEK CS(OS) 246/2023 Page 6 of 10 Signing Date:24.03.2026 15:47:31

2. Further, it is stated that the deponent has not
   received any asset of Late Sh. Ramesh Chandra
   Shanna prior to his demise on 28.04.2022."

3. Thereafter, an application bearing IA No. 28016/2025 was filed by the
   Plaintiff No. 1 stating that the Defendant No. 1 has not complied with the
   Order dated 15.07.2025, by not disclosing the bank accounts and financial
   investments of M/s Ambika Garments Pvt. Ltd. Vide Order dated
   12.11.2025, this Court directed the Defendant No. 1 to file an additional
   affidavit disclosing the same.

1. Accordingly, an additional affidavit dated 15.01.2026 has been filed by the Defendant No.1, which reads as under:-

"1. That I am the Defendant No. 1 in the above
captioned matter. I am well conversant with the facts
and circumstances of this case. As such, I am
competent to swear and depose this Affidavit.

1. That the present Affidavit is being filed in terms of
   Order dated 12.11.2025 and 01.12.2025 passed by this
   Hon'ble Court wherein this Hon 'ble Court directed the
   deponent to make a disclosure of the bank accounts
   and financial investments of M/s Ambika Garments
   Pvt. Ltd. in terms of Order dated 15.07.2025.

2. At the outset, it is stated that the deponent has not
   inherited the assets of M/s Ambika Garments Pvt. Ltd.
   from his father Late Sh. Ramesh Chandra Sharma nor
   has the same been transferred, as required under order
   dated 15.07.2025. As such, the Plaintiffs have made
   false statements that the deponent had to disclose bank
   accounts and financial investments of M/s Ambika
   Garments Pvt. Ltd.

3. The deponent has inherited 70% of the shares owned
   by Late Sh. Ramesh Chandra Sharma in M/s Ambika
   Garments Pvt. Ltd. by way of Will dated 25.06.2021 Signature Not Verified Signed By:PRATEEK CS(OS) 246/2023 Page 7 of 10 Signing Date:24.03.2026 15:47:31 executed by Late Sh. Ramesh Chandra Sharma. The
   said shares were transferred to the deponent in
   September, 2022 and has been disclosed by the
   deponent at paragraph 11 (e) of the Written Statement
   dated 11.08.2023 and paragraph 4(A) of the Affidavit
   dated 03.09.2025.

4. That M/s Ambika Garments Pvt. Ltd. owns one
   immovable property bearing no. B-119, Sector 63,
   Noida, Gautam Budh Nagar, UP 201301. The said
   property continues to be owned by M/s Ambika
   Garments Pvt. Ltd. which is not a party to the present
   suit. As such, no relief can be granted qua the
   immovable property of the company.

5. Further, M/s Ambika Garments Pvt. Ltd. has one (1)
   bank account bearing Account No. 28407630000506
   with HDFC Bank, Patparganj Industrial Area, Plot
   No. 12, New Delhi 110092. As on the death of Late Sh.
   Ramesh Chandra Sharma, a sum of Rs. 8,020,719.47/-
   (Rupees Eighty Lakhs Twenty-Thousand Seven
   Hundred and Nineteen point Four Seven only) was
   remaining as balance. The said bank account account
   continues to be owned by M/s Ambika Garments Pvt.
   Ltd. which is not a party to the present suit. As such, no
   relief can be granted qua the bank account of the
   Company.

6. That without prejudice, the Defendant No. 1 is filing
   the bank statement of M/s Ambika Garments Pvt. Ltd.
   from 28.04.2021 to 28.04.2022 (i.e., one year prior to
   the death of the father). Copy of bank statement of M/s
   Ambika Garments Pvt. Ltd. from 28.04.2021 to
   28.04.2022 is annexed as Document- I.

7. That Mis Ambika Garments Pvt. Ltd. does not have
   any other immovable or movable asset as on the date
   of demise of the father besides as disclosed above."

8. A bare reading of the contents of the instant application reveals that Signature Not Verified Signed By:PRATEEK CS(OS) 246/2023 Page 8 of 10 Signing Date:24.03.2026 15:47:31 the Plaintiff No.1 has merely alleged the correctness of the details
   mentioned in the affidavits filed by the Defendant No. 1. The Plaintiff No.1
   has only pointed out at certain contradictions between the affidavits and the
   material on record. In the opinion of this Court, the allegations per se cannot
   attract the ingredients under Section 340 of the CrPC which prescribes for
   initiation of an inquiry into an offence under Section 195(1)(b) of the CrPC. Section 195(1)(b) of the CrPC deals with prosecution of offences relating to
   documents given in evidence, i.e., the offences punishable under Section
   193 to 196, 199, 200, 205 to 211, 228, 463, 471, 475, 476 of the IPC. In the
   opinion of this Court, these offences are not made out at this juncture.

1. The falsity of the statements made in the affidavits will have to be
   established in the present trial. In the opinion of this Court, it is always open
   for the Plaintiffs to initiate proceedings under Section 340 of the CrPC if
   material surfaces during the course of the trial. This Court is not inclined to
   initiate parallel proceedings one under Section 340 of the CrPC and one
   under the present suit for ascertaining the correctness or otherwise of the
   additional affidavits filed in this Court at this juncture.

2. This Court is observing that now a practice has been made by the
   parties of filing applications under Section 340 of the CrPC only with an
   idea of arm-twisting the other side or putting pressure and also to delay the
   trial. Since the Plaintiff No.1 is appearing in person, this Court is not
   inclined to impose any costs on the Applicant/ Plaintiff No.1 for filing this
   application. However, liberty is granted to the Applicant/ Plaintiff No.1 to
   file the same in case material surfaces that offences punishable under Section 193 to 196, 199, 200, 205 to 211, 228, 463, 471, 475, 476 of the IPC
   have been committed attracting Section 195 of the CrPC, which will lead to Signature Not Verified Signed By:PRATEEK CS(OS) 246/2023 Page 9 of 10 Signing Date:24.03.2026 15:47:31 initiation of proceedings under Section 340 of the CrPC. The instant
   application is filed only with an intent to derail this Court from proceeding
   further with the matter and also to harass the Defendant No. 1.

3. Accordingly, the instant application is dismissed.

CS(OS) 246/2023

1. List on 04.08.2026.

SUBRAMONIUM PRASAD, J
MARCH 24, 2026
SM Signature Not Verified Signed By:PRATEEK CS(OS) 246/2023 Page 10 of 10 Signing Date:24.03.2026 15:47:31