ANNASAHEB APPARMA KAMBLE Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed seeking quashing of the proceedings in C.C. No. 873/2011 on the file of the Principal Civil Judge at Chikodi for the offences punishable under Sections 420, 464, 465, 468, 469, 470 and 471 r/w Sec. 34 of I.P.C.

(2.) Before adverting to the technicality involved in this particular case, the facts are little bit interesing. It is seen from the records that the respondent No.2 herein (hereinafter called as 'complainant') lodged a private complaint in P.C.R. No.66/2002 against the petitioner herein (hereinafter called as 'accused') for several offences as noted above. The said private complaint was referred to the Police i.e. the jurisdictional C.P.I. for investigation and report.

(3.) The brief allegations against the petitioner is that the complainant (Respondent No.2) is the employor and accused is an employee, and accused was working as Lecturer in the complainant's Institution, during that period the accused (petitioner) has forged the signatures of the Hon'ble Home Minister of Government of Karnataka and there was a case against him in Crime No. 12/2001. It is also alleged that the petitioner was suspended from his duty and during the suspension period the accused was called upon to furnish his Domicile Certificate. It is alleged that though the Domicile Certificate was not at all issued by the Village Accountant, Chikodi, the petitioner himself forged the Domicile Certificate and produced before the complainant. The Village Accountant was enquired later and he replied in his letter stating that the Domicile Certificate dated 31.05.2002 furnished by the accused to the complainant Society was not at all issued by him and he denied its contents and signatures on the same stating that they are different from his signature, etc. It is alleged that the accused has committed an offence under Section 468 of I.P.C. by producing the said document to be used by the complainant and thereby used the document for the purpose of cheating the complainant, etc.