KRISHNANAND SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD counsel for the petitioners, the State as well as opposite party no. 2 the complainant.

(2.) THIS application has been filed for quashing the order dated 25.9.2006 passed by Judicial Magistrate, 1st Munger in Complaint Case No. 604C/2006 whereby cognizance has been taken for offence under Sections 420, 468, 471 and 120(B) of the Indian Penal Code and the summons have been issued against the petitioners.

(3.) COUNSEL appearing for the complainant opposite party placed reliance on a decision in the case of Sachida Nand Singh and another vs. State of Bihar & another (AIR 1998 SC 1121) [: 1998(3) PUR (SC)13] wherein it has been held that if the forgery has been committed while the document was produced in Court, then prosecution can be launched if complaint made by the court. If forgery was committed with a document which has not been produced in court then the prosecution can be launched at the instance of any person.