RAJKUMAR MISHRA Vs. GURJEET KAUR BAJWA

JUDGEMENT

(1.) Petitioner is an advocate working as a Notary duly appointed under the provisions of the Notaries Act, 1952 (hereinafter called as 'Act of 1952') and Rules made thereunder, while discharging his duty of Notary under the provisions of Act of 1952 and Rules made thereunder, he authenticated an Anubandh/Agreement on 18th /19th December 2004 in presence of two witnesses viz. Sukhdev Singh and Rajkumar Gupta. Thereafter respondent/complainant herein filed a complaint under Sections 465, 467, 468, 471, and 474 read-with Section 120-B of the IPC against the accused therein including the petitioner herein alleging commission of above-mentioned offences, in which the learned Judicial Magistrate First Class, by order dated 25- 01-2016 took cognizance of offences under Section 420 read-with Section 120-B of the IPC against the accused person including the petitioner.

(2.) The petitioner herein calls in question the said order taking cognizance of above-stated offences inter alia contending that such a cognizance of offence against him (Notary) is expressly barred by provisions contained in Section 13(1) of the Act of 1952, as such, cognizance taken by the learned Judicial Magistrate First Class deserves to be set aside.

(3.) None appears for the respondent, though served. No reply has been filed.