K.M. MATHEW Vs. P.K. GEORGE

JUDGEMENT

(1.) By writing a false statement in an affidavit or other document, does the maker thereof commit the offence of forgery ? This question has turned out ultimately to be the decisive one in this appeal filed by a complainant against the order of acquittal. In the complaint, it was alleged that the accused has committed the offence under Sections 465 and 471 of the Indian Penal Code in respect of an affidavit filed before a returning officer appointed to hold elections to the board of directors of a co-operative society.

(2.) The trial Magistrate, after preliminary enquiry, framed a charge against the accused for the aforesaid offences, but on the conclusion of the trial, he passed a verdict of not guilty. Hence, this appeal by the complainant with special leave. The complainant is a member of Koodaranhi Service Co-operative Bank Ltd, (for short "the bank"). The accused was the president of the committee (board of directors, as it is termed differently) of the bank. When the term of the committee expired, a fresh election was to be held for which notification was published inviting nominations. A returning officer for the said purpose was appointed. As per Sec. 28(2)(b) of the Kerala Cooperative Societies Act, 1969, a candidate is disqualified for election to the committee if he is already a member of two or more societies of different types. Every candidate has to file an affidavit along with the nomination paper, swearing, inter alia, to the fact that he is not a member of two or more societies of different type or different types.

(3.) The accused filed his nomination and along with it filed an affidavit which was sworn to before a gazetted officer. The affidavit which is in a printed form has been marked as exhibit P-4 in this case. The fourth clause of the affidavit is to the effect that the deponent is not a member of two or more societies of different type or types. It is alleged in the complaint that the aforesaid statement in exhibit P-4 is false since the accused was already the president of the Calicut Wholesale Co-operative Consumers' Store ("Consumers' Store" for short) as well as the Koodaranhi Rural Housing Co-operative Society ("Housing Society" for short). The prosecution was thus based on the allegation that the complainant made a false statement in exhibit P-4 fraudulently with a view to gain the office.