DELHI ADMINISTRATION Vs. RAM NATH AGGARWAL

JUDGEMENT

(1.) By his judgment, dated January 17, 1964, Shri Amba Prakash, Magistrate First Class, Delhi, acquitted Ram Nath Aggarwal and two others who had been tried by him on various charges. An appeal against the acquittal of Ram Nath Aggarwal was filed by State, under provisions of section 417 of the Code of Criminal Procedure (hereinafter referred to as "the Code"). The acquittal of the other two accused was not challenged.

(2.) Six charges were framed against Ram Nath Aggarwal. The first charge was for criminal conspiracy. The third and the fourth charges were for cheating and the fifth and the sixth charges were under section 471 of the Indian Penal Code. The second charge was also under section 471 and specifically mentioned three documents which, on or about July 19, 1954, were alleged to have been fraudulently used as genuine, before the Registrar of Joint Stock Companies, Delhi, knowing or having reason to believe the same to be forged. Out of those documents one was mentioned to be memorandum and articles of association of International Automobiles Limited, containing forged signatures of three merchants of Bombay, namely, M. D. Parekh, Haridass J. Bhatia and Lachhmandass J. Bhatia. The second document referred to was a power of attorney, dated July 19, 1954, also containing the alleged forged signatures of the aforesaid three persons.

(3.) Forgery of a power of attorney is punishable under section 466 of the Indian Penal Code and the offence is triable by Court of Sessions. The second charge against Ram Nath Aggarwal in so far as it related to the power of attorney, was not triable by the Magistrate but by a Court of Sessions. If the memorandum and articles of association is regarded to be a valuable security, as was urged by the learned counsel for State, then the offence of forging that document would fall under section 467 and the offence under section 471 for its fraudulent or dishonest use as genuine knowing or having reason to believe that it was forged would also be triable by Court of Session.