KISHOREBHAI GANDUBHAI PETHANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This criminal appeal has been preferred against the judgment and order dated 12.9.2011, passed by the High Court of Gujarat in Criminal Misc. Application No. 3213 of 2011 dismissing the Appellant's application for quashing the complaint lodged by the Respondent No. 2 being ICR No. 180 of 2010 dated 5.7.2010 under Sections 463, 465, 468, 471 and 114 of the Indian Penal Code 1860 (hereinafter referred to as 'Indian Penal Code'). Facts and circumstances giving rise to this appeal are that:

(2.) Shri Sushil Kumar Jain, learned senior counsel for the Appellant submitted that it is a settled legal proposition that in view of the provisions of Sections 195/340 Code of Criminal Procedure. where the forgery is alleged to have been made in the court, the complaint is not maintainable unless it is made by the court itself. In support of this proposition, he has placed a very heavy reliance upon the judgment of this Court in M.S. Ahlawat v. State of Haryana and Anr., 2000 AIR(SC) 168 It has been submitted that the appeal deserves to be allowed and the complaint is liable to be quashed.

(3.) On the contrary, Shri Nirav C. Thakkar, learned Counsel appearing for Respondent No. 2 and Ms. Hemantika Wahi, learned Counsel for the State, have submitted that in case the documents have been forged outside the court before being filed and relied upon in the court proceedings, the provisions of Section 195 Code of Criminal Procedure are not attracted. To buttress their case, they have placed reliance on the judgment of this Court in Iqbal Singh Marwah and Anr. v. Meenakshi Marwah and Anr., 2005 AIR(SC) 2119 It has been suggested by them that the appeal lacks merit and is liable to be dismissed.