1998 (2) TMI 583 - SC - Indian Laws

Summary

Issues Involved:
1. Applicability of Section 195(1)(b)(ii) of the Code of Criminal Procedure, 1973.
2. Interpretation of Section 195(1)(b)(ii) regarding forged documents produced in court.
3. Relevance of previous judgments under the old Code of Criminal Procedure.

Summary:

1. Applicability of Section 195(1)(b)(ii) of the Code of Criminal Procedure, 1973:
The primary issue in this appeal is whether prosecution can be maintained for a forged document produced in court without a complaint filed by the concerned court, as per the prohibition contained in Section 195(1)(b)(ii) of the Code of Criminal Procedure, 1973.

2. Interpretation of Section 195(1)(b)(ii) regarding forged documents produced in court:
The court examined whether the prohibition in Section 195(1)(b)(ii) applies to cases where the forgery occurred before the document was produced in court. The court emphasized that Section 195 restricts the general powers of the magistrate and the right of a person to move the court with a complaint. It is a well-recognized canon of interpretation that provisions curbing the general jurisdiction of the court must receive strict interpretation unless the statute or context requires otherwise.

3. Relevance of previous judgments under the old Code of Criminal Procedure:
The court referenced previous judgments, including Patel Laljibhai Somabhai vs. The State of Gujarat and Gopalakrishna Menon & anr. vs. D.Raja Reddy & anr., to address the issue. The court noted that the slight change in Section 195(1)(b)(ii) of the new Code vis-a-vis the old Code was not intended to deviate from the legal position settled in Patel Laljibhai Somabhai. The court concluded that the bar in Section 195(1)(b)(ii) does not apply to cases where the forgery was committed before the document was produced in court.

Conclusion:
The appeal was dismissed, affirming that the bar contained in Section 195(1)(b)(ii) of the Code is not applicable to cases where forgery of the document was committed before the document was produced in a court.