VidhiSangh

Supreme Court of India · 12/04/2023

ASHOK GULABRAO BONDRE versus VILAS MADHUKARRAO DESHMUKH AND OTHERS

[2023] 3 S.C.R. 820 · 2023 INSC 724

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Summary

A private complaint alleged that the respondents had forged a personal recognizance bond and surety bond which were later filed in a criminal case pending against the complainant before a Magistrate. The Magistrate dismissed the complaint and the Sessions Court and High Court held that, by reason of Section 195 CrPC, only a complaint by the court concerned under Section 340 was maintainable. The Supreme Court set those orders aside, holding that under the Constitution Bench decision in Iqbal Singh Marwah the bar in Section 195(1)(b)(ii) applies only where the offence is committed in respect of a document after it has been produced or given in evidence in court, so a private complaint lies where the forgery is alleged to have been committed before the document was filed.

Issues

  1. Whether the bar under Section 195(1)(b)(ii) CrPC applies where the document said to be forged was fabricated before it was produced in court and only later filed in evidence.

Provisions considered

Held

Result

Appeal disposed of; orders of the Additional Sessions Judge dated 14 March 2005 and of the High Court dated 18 February 2010 quashed and set aside; complaint remitted to the Judicial Magistrate First Class, Ramtek to be decided on merits, as far as possible within one year; no opinion expressed on merits; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2023] 3 S.C.R. 820.