RAM SURAT DUVEDI Vs. RAM KUMAR TRIVEDI

JUDGEMENT

(1.) This is an application for leave to appeal in a case of acquittal under Sections 468, 469 and 471 IPC.Applicant Ram Surat Duvedi is a Lecturer in an Educational Institution and accused Ram Kumar Trivedi is the Principal of the institution. The first complaint was filed by Ram Surat Duvedi in 1978 alleging that the Principal, Ram Kumar Trivedi, has fabricated a resignation letter purporting to be signed by Ram Surat Duvedi. It was alleged by the complainant that the resignation letter is a forged one and therefore the Principal should be punished for forgery.

(2.) The first complaint was dismissed under Section 203 Cr. P.C.on 16-1-1979 with the observation that the complaint's counsel pleaded no instructions and the complainant himself is absent. As there was no evidence under Section 202 Cr. P.C.the Court dismissed the complaint under Section 203 Cr. P.C.on 9-4-1979 the complainant filed the second complaint and his statement was recorded under S.200 Cr. P.C.After examining two witnesses under S.202 Cr. P.C.the case was registered and the accused was summoned. The complainant examined all his witnesses who were duly cross-examined by the accused. The statement of the accused was recorded and he also led evidence in defence. On 18-8-1981 when two defence witnesses had already been examined, the accused filed an application in which he raised the objection for the first time that the first complaint having been dismissed under Section 203 Cr. P.C the second complaint is barred because it is not covered by any of the exceptions given in AIR 1962 SC 876. 0n 7-9-1981 the Court ordered that the application dated 18-8-1981 will be considered at the time of final arguments because by that time the defence evidence was also over. The accused took time to file a revision. After taking some adjournments the accused filed an application under Section 482.Cr. P.C.before this Court which was application No. 5495 of 1981 Ram Kumar Trivedi v. Ram Surat. In this application filed under Section 482 Cr. P.C.the accused obtained a stay order from this Court and the further progress of the complaint filed by Ram Surat Duvedi was held up.

(3.) The application filed by the accused under Section 482 Cr. P.C.was decided by this Court on 15-11-1985 and the Court passed the following order :