VidhiSangh

Supreme Court of India · 06/03/2018

VISHNU CHANDRU GAONKAR versus N.M. DESSAI

[2018] 3 S.C.R. 103 · 2018 INSC 214

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Summary

The Supreme Court upheld quashing of a court-directed complaint against an advocate concerning a deceased litigant’s alleged thumb impression on an appeal-withdrawal application. The impression had been obtained before the document was filed. Applying Sachida Nand Singh and Iqbal Singh Marwah, the Court held that the section 195(1)(b)(ii) procedure did not apply to this pre-production forgery allegation. The applicant could not recast the case under section 195(1)(b)(i) after specifically invoking clause (ii) below. The decision did not determine guilt for forgery.

Issues

  1. Whether section 195(1)(b)(ii) applied to alleged forgery occurring before the document was produced in court.
  2. Whether the applicant could recast the proceedings under section 195(1)(b)(i) on appeal.

Provisions considered

Held

Result

Appeal dismissed. High Court order setting aside the District Judge’s direction and the resulting section 195(1)(b)(ii) complaint upheld.

Judgment PDF: Supreme Court of India, [2018] 3 S.C.R. 103.