RAJIV BAJAJ Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) THE Petitioners seek quashing of the order dated 19.4.2014 passed by the Chief Judicial Magistrate, Begusarai in Complaint Case No. 204 of 2014, by which he has taken cognizance in the matter. The case of the Sub -Judge, Vth, Begusarai i.e. the Complainant was that the accused persons filed a vakalatnama and Authority letter with scanned signature of Petitioner No. 2 in Title Suit No. 464 of 2013 which in his opinion had been done "with an intention of deceive the Court in a dishonest and fraudulent manner and also to gain wrongfully and cause loss wrongfully to the plaintiff which has affected the administration of justice and misled the court with intent to commit fraud by making and producing false and fabricated documents using as genuine deliberately" and, therefore, they should be prosecuted.

(2.) THE learned Counsel for the Petitioners explains that fact of the matter is that a Title Suit was instituted at Begusarai, whereas the Petitioners reside in Pune and to expedite their appearance scanned Vakalatnamas and other documents with signature were sent by Petitioners No. 1 and 2, which were filed in the proceeding. Soon thereafter a regular Vakalatnama was executed by these two Petitioners along with rest of the Petitioners. It was then the present Complaint was filed on the prayer of the plaintiff.

(3.) ON the other hand, the Counsel for the plaintiff submits that since there is no provision for scanned vakalatnama it was for rightful reason that the Court instituted the present Complaint.