K CHANDRIKA Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners are accused in a prosecution, inter alia, under Sections 464 & 471 read with 34 I.P.C. The 2nd respondent is the complainant. Cognizance has been taken of the said offences on the basis of a private complaint filed by the 2nd respondent before the learned Magistrate. The crux of the grievance of the 2nd respondent is that the petitioners in furtherance of their common intention, had falsely created a forged statement purported to be signed by the 2nd respo ndent, which he had not really signed and by such process had gained unjust enrichment.

(2.) According to the defacto complainant, she never signs and affixes her thumb expression only. According to the petitioners, this averment is totally incorrect and there are documents ,including one of them produced before this Court as Annexure-III, which would indicate that the complainant signs also and does not always affix her thumb impression.

(3.) In proceedings under Section 482 Cr.P.C, no authentic finding on the genuineness of the signature in the disputed document can be entered by this Court. Therefore looking into Annexure-III, I cannot possibly come to a conclusion at this stage that the signature appearing in the disputed document, is genuine and has been affixed by the complainant/2nd respondent herein. The prayer for quashing of the proceedings, on that ground, cannot therefore succeed.