SARASWATI BAI Vs. STATE OF M P

JUDGEMENT

(1.) This petition has been filed under Section 482 of Cr.P.C. for quashment of the order passed by Chief Judicial Magistrate, Ratlam on 15.9.2005, which has been confirmed by Sessions Judge, Ratlam vide order dated 7.1.2006 passed in Criminal Revision No. 250/05.

(2.) Learned Trial Magistrate after considering the averments made in the complaint and the statements given by complainant and the witnesses came to the conclusion that the dispute between present petitioner and respondents is purely of civil nature and on the basis of this finding the complaint was dismissed. The complainant, then approached to the Rivisional Court and in revision learned Sessions Judge has also expressed the same opinion and found that the necessary ingredients for the offence punishable under Section 420 and other offences punishable under Indian Penal Code regarding which complaint has been filed are totally missing in this case.

(3.) Learned counsel for the petitioner submitted that a forged document has been prepared by the respondent No. 1 as rent note of the house. He further submitted that no such rent note was issued by petitioner in favour of respondent No 1 Chandanmal. He also submitted that the documents was sent to handwriting expert Abhijeet Sarwate, who gave his report, copy of which has been filed along with this petition. In that report it was found that three signatures on the document were genuine, whereas last signature which has been marked as Q-4 was not written by the present petitioner. On the basis of this report of handwriting expert, learned counsel for the petitioner submitted that a forgery has been committed by the respondents and, therefore, they were liable to be prosecuted and learned Trial Court as well as Rivisional Court committed grave error in dismissing the complaint filed by the present petitioner.