V S NARAYANAN Vs. B G SRIDHARAND

JUDGEMENT

(1.) IN these two cases, petitioners raised an identical question for determination. Hence they are taken up together and disposed of by this common order. Retain a copy in each file.

(2.) IN cr. P. No. 1450 of 1994, the respondent filed a complaint under Section 200 of the cr. P. c. against the petitioner in which it is alleged that the petitioner fraudulently and dishonestly inserted '0' next to the figure '90,000' to tally with the words Rs. 9 lakhs, thus he committed offences punishable under sections 464, 467, 468, 469, 471 and 474 read with Section 420 of the IPC. The learned magistrate directed the police to investigate and report under Section 156 (3) of the cr. P. c. similarly, in cr. P. No. 2280 of 1994, the respondent filed a complaint against the petitioners on the allegation that the 1st petitioner in collusion with petitioners 2 and 3 forged and fabricated a document styled as an agreement of sale in his favour by the complainant and his brother wherein the 1st petitioner has forged the signatures of the complainant and his brother. Petitioners 2 and 3 have attested the document and the 1st petitioner also filed o. s. No. 154 of 1994 in the court of principal munsiff, belgaum for permanent injunction on the basis of the said agreement and in support of that case, the petitioners 2 and 3 filed affidavits. On these grounds, the complainant has stated that they have committed offences punishable under sections 463, 465, 468, 471, 474 read with Section 34 of the IPC. The learned magistrate referred the case to the police for investigation and report under Section 156 (3) of the cr. P. c. these orders are questioned by the petitioners in these petitions.

(3.) HEARD the learned counsel for the petitioners and also the learned high court government pleader for the respondents.