SANMUKHSINGH Vs. KING

JUDGEMENT

(1.) Their Lordships, having at the conclusion of the hearing intimated that they would humbly advise His Majesty to dismiss this appeal, now give their reasons.

(2.) This is an appeal by special leave from an order of the Chief Court of Sind, in its Appellate Criminal Jurisdiction, dated 18 July 1945, which summarily dismissed the appeal of the appellants from the conviction and sentences passed on them on 24 March 1945, by a Judge of the said Court, exercising Sessions Court jurisdiction, who, in accordance with the majority verdict of a jury, found (1) both of them guilty of being parties to a criminal conspiracy to cheat one Rochiram Asoomal Canser (S. 120B read with S. 420, Indian Penal Code); (2) the first appellant guilty of having, in pursuance of the said conspiracy, forged two documents (referred to in the Record as exs. A and b) purporting to be an agreement in duplicate executed at Lahore by a fictitious person called Dr. S. C. Rao, described therein as "General Manager, Herbarium Lahore", and at Karachi by the said Rochiram as "Chairman, Sunderson Limited", wherein receipt of Rs. 3000 as paid by appellant 1 to the Herbarium on behalf of Rochiram, was acknowledged (section 467, Indian Penal Code); (3) the second appellant guilty in pursuance of the said conspiracy of having aided and abetted appellant 1 in forging the said documents (S. 467 read with S. 109, Indian Penal Code); (4) both of the appellants guilty of having, in pursuance of the said conspiracy, fraudulently and dishonestly used the said documents in an attempt to induce Rochiram to pay to them Rs. 3000 (S. 471, Indian Penal Code); and sentenced appellant 1 to rigorous imprisonment for 18 months under (1), for 5 years under (9) and for 5 years under (4); and the second appellant to rigorous imprisonment for 18 months under (1), for two years under (3) and to 1 years under (4); and directed the sentences in each case to run concurrently.

(3.) It will be observed that the appellants were charged with forging or abetting the forgery of certain documents and were convicted of this offences. It is contended on their behalf that the Court had no jurisdiction to try them for this offence because by S. 195 (1) (C), Criminal P.C., a Court is barred from taking cognizance. "of any offense described in S. 463 or punishable under S. 471, S. 475 or S. 476, Indian Penal Code when the offence is alleged to have been committed by a party to any proceeding in any Court in respect of a document produced or given in evidence in such proceeding except on the complaint in writing of such Court or some other Court to which such Court is subordinate", It was urged on behalf of the appellants that the documents in respect of which the charge of forgery was laid had been produced or given in evidence in certain proceedings in the Magistrate's Court at Lahore, that the Lahore Magistrate had made no such complaint in writing as S. 195 presented, and that accordingly that section barred the jurisdiction of the Chief Court of Sind.