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TMI Blog2005 (3) TMI 750X X X X Extracts X X X X X X X X Extracts X X X X ..... 493, regarding interpretation of Section 195(1)(b)(ii) of Code of Criminal Procedure 1973 (for short Cr.P.C. ), this appeal has been placed before the present Bench. 3. The facts of the case may be noticed in brief. The appellant nos.1 and 2 are real brothers of Mukhtar Singh Marwah, while respondent nos.1 and 2 are his widow and son respectively. Mukhtar Singh Marwah died on 3.6.1993. The appellant no.1 filed Probate Case No.363 of 1993 in the Court of District Judge, Delhi, for being granted probate of the will allegedly executed by Mukhtar Singh Marwah on 20.1.1993. The petition was contested by the respondents on the ground that the will was forged. On their application the appellant no.1 filed the original will in the Court of District Judge on 10.2.1994. Thereafter, the respondents moved an application under Section 340 Cr.P.C. requesting the Court to file a criminal complaint against appellant no.1 as the will set up by him was forged. A reply to the said application was filed on 27.7.1994 but the application has not been disposed of so far. Thereafter, the respondents filed a criminal complaint in May 1996 in the Court of Chief Metropolitan Magistrate, New Delhi, for p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ) of Section 195 Cr.P.C., which according to the appellants, creates a bar in taking cognizance on the complaint filed by the respondents, reads as under : 195. Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence. - (1) No Court shall take cognizance \026 (a) (i) of any offence punishable under Sections 172 to 188 (both inclusive) of the Indian Penal Code (45 of 1860), or (ii) of any abetment of, or attempt to commit, such offence, or (iii) of any criminal conspiracy to commit such offence, except on the complaint in writing of the public servant concerned or of some other public servant to whom he is administratively subordinate ; (b) (i) of any offence punishable under any of the following sections of the Indian Penal Code (45 of 1860), namely, Sections 193 to 196 (both inclusive), 199, 200, 205 to 211 (both inclusive) and 228, when such offence is alleged to have been committed in, or in relation to, any proceeding in any Court, or (ii) of any offence described in Section 463, or punishable under Section 471, Section 475 or Section 476, of the said Code, wh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ery of a document if committed far outside the precincts of the Court and long before its production in the Court, could also be treated as one affecting administration of justice merely because that document later reached the court records. 23. The sequitur of the above discussion is that the bar contained in Section 195(1)(b)(ii) of the Code is not applicable to a case where forgery of the document was committed before the document was produced in a court. 6. On a plain reading clause (b)(ii) of sub-section (1) of Section 195 is capable of two interpretations. One possible interpretation is that when an offence described in Section 463 or punishable under Section 471, Section 475 or Section 476 IPC is alleged to have been committed in respect of a document which is subsequently produced or given in evidence in a proceeding in any Court, a complaint by the Court would be necessary. The other possible interpretation is that when a document has been produced or given in evidence in a proceeding in any Court and thereafter an offence described as aforesaid is committed in respect thereof, a complaint by the Court would be necessary. On this interpretation if the offence as des ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wer of the Court to take cognizance of an offence and any provision which ousts the jurisdiction of the Court, which it otherwise possesses, must be strictly construed and cannot be given an enlarged meaning. Since the provision deprives a person who is a victim and is aggrieved by the offences described under Section 463 or punishable under Sections 471, 475 or 476 IPC to initiate a criminal prosecution by filing a complaint, his interest cannot be overlooked and therefore the provision should not be given an enlarged meaning, but only a restricted meaning should be given. Learned counsel has also submitted that in certain situations where the forgery has been committed at any time prior to the production or giving in evidence of the document in Court, it may not at all be possible for such Court to effectively form an opinion as to whether it is expedient to file a complaint and that may facilitate the escape of a guilty person. Shri Narula has also submitted that in Sachida Nand Singh, the Court has reiterated and has adopted the same view which has been taken in several earlier decisions of this Court, and only in Surjit Singh a discordant note has been struck which is not corr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Court for taking cognizance of the offences enumerated in clauses (b) (i) and (b)(ii) thereof. Sections 340 and 341 Cr.P.C. which occur in Chapter XXVI give the procedure for filing of the complaint and other matters connected therewith. The heading of this Chapter is -- Provisions As To Offences Affecting The Administration Of Justice . Though, as a general rule, the language employed in a heading cannot be used to give a different effect to clear words of the Section where there cannot be any doubt as to their ordinary meaning, but they are not to be treated as if they were marginal notes or were introduced into the Act merely for the purpose of classifying the enactments. They constitute an important part of the Act itself, and may be read not only as explaining the Sections which immediately follow them, as a preamble to a statute may be looked to explain its enactments, but as affording a better key to the constructions of the Sections which follow them than might be afforded by a mere preamble.(See Craies on Statute Law, 7th Ed. Pages 207, 209). The fact that the procedure for filing a complaint by Court has been provided in Chapter XXVI dealing with offences affecting admi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... utions as contemplated by Section 476 (of the old Code which now corresponds to Section 340 Cr.P.C.) only if there is a reasonable foundation for the charge and there is a reasonable likelihood of conviction. The requirement of a finding as to the expediency is understandable in case of an offence alleged to have been committed either in or in relation to a proceeding in that Court in case of offences specified in clause (b) [of the old Code corresponding to clause (b)(i) Cr.P.C.] because of the close nexus between the offence and the proceeding. In case of offences specified in clause (c) they are required to be committed by a party to a proceeding in that Court with respect to a document produced or given in evidence in that Court. The Court approved the view taken by Allahabad High Court in Emperor vs. Kushal Pal Singh (supra) and held as under in para 7 of the report : (i) The underlying purpose of enacting Section 195(1)(b) and (c) Section 476 seems to be to control the temptation on the part of the private parties to start criminal prosecution on frivolous vexations or unsufficient grounds inspired by a revengeful desire to harass or spite their opponents. These offences ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d that the private complaint was barred by virtue of Section 195(1)(c) Cr.P.C. and the revenue court alone could have filed the complaint. The court repelled the aforesaid contention after relying upon the ratio of Patel Lalji Bhai vs. State of Gujarat and the private complaint was held to be maintainable. In Mohan Lal vs. State of Rajasthan 1974(3) SCC 628, the above noted two decisions were relied upon for holding that provisions of Section 195(1)(c) (old Code) would not be applicable where mutation proceedings were commenced after a will had been forged. In Legal Remembrancer, Govt. of West Bengal vs. Haridas Mundra 1976(1) SCC 555 Bhagwati, J. (as His Lordship then was), speaking for a three Judge Bench observed that earlier there was divergence of opinion in various High Courts, but the same was set at rest by this Court in Patel Lalji Bhai Somabhai (supra) and approved the view taken therein that the words of Section 195(1)(c) clearly meant the offence alleged to have been committed by a party to the proceeding in his character as such party, i.e. after having become a party to the proceeding, and Sections 195(1)(c), 476 and 476-A (of the old Code) read together indicated bey ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as prepared before or after commencement of the civil suit, nor any such principle has been laid down that the bar would operate even if the forgery was committed prior to commencement of the proceeding in the civil court. 15. The other case which is the sheet-anchor of the argument of learned counsel for the appellants is Surjit Singh vs. Balbir Singh 1996(3) SCC 533. The facts as stated in paras 1 11 of the report show that a criminal complaint was filed by the respondent under Sections 420, 467, 468, 471 read with 120-B IPC alleging that the appellants had conspired and fabricated an agreement dated 26.7.1978 and had forged the signature of Smt. Dalip Kaur and on the basis thereof, they had made a claim to remain in possession of a house. The Magistrate took cognizance of the offence on 27.9.1983. The appellants thereafter filed a civil suit on 9.2.1984 wherein they produced the agreement. It may be noticed that the cognizance by the criminal Court had been taken much before filing of the Civil Suit wherein the agreement had been filed. During the course of discussion, the court not only noticed Gopalkrishna Menon (supra), but also quoted extensively from Patel Lalji Bhai ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ate may take cognizance of any offence (a) upon receiving a complaint of facts which constitute such offence, (b) upon a police report of such facts, and (c) upon information received from any person other than a police officer, or upon his own knowledge, that such offence has been committed. Section 195 Cr.P.C. is a sort of exception to this general provision and creates an embargo upon the power of the Court to take cognizance of certain types of offences enumerated therein. The procedure for filing a complaint by the Court as contemplated by Section 195(1) Cr.P.C. is given in Section 340 Cr.P.C. and sub-section (1) and (2) thereof are being reproduced below : 340. Procedure in cases mentioned in Section 195 - (1) When, upon an application made to it in this behalf or otherwise, any Court is of opinion that it is expedient in the interests of justice that an inquiry should be made into any offence referred to in clause (b) of sub-section (1) of Section 195, which appears to have been committed in or in relation to a proceeding in that Court or, as the case may be, in respect of a document produced or given in evidence in a proceeding in that Court, such Court may, after suc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... such forgery or forged document, but having regard to the effect or impact, such commission of offence has upon administration of justice. It is possible that such forged document or forgery may cause a very serious or substantial injury to a person in the sense that it may deprive him of a very valuable property or status or the like, but such document may be just a piece of evidence produced or given in evidence in Court, where voluminous evidence may have been adduced and the effect of such piece of evidence on the broad concept of administration of justice may be minimal. In such circumstances, the Court may not consider it expedient in the interest of justice to make a complaint. The broad view of clause (b)(ii), as canvassed by learned counsel for the appellants, would render the victim of such forgery or forged document remedyless. Any interpretation which leads to a situation where a victim of a crime is rendered remedyless, has to be discarded. 19. There is another consideration which has to be kept in mind. Subsection (1) of Section 340 Cr.P.C. contemplates holding of a preliminary enquiry. Normally, a direction for filing of a complaint is not made during the pendency ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Courts are normally reluctant to direct filing of a criminal complaint and such a course is rarely adopted. It will not be fair and proper to give an interpretation which leads to a situation where a person alleged to have committed an offence of the type enumerated in clause (b)(ii) is either not placed for trial on account of non-filing of a complaint or if a complaint is filed, the same does not come to its logical end. Judging from such an angle will be in consonance with the principle that an unworkable or impracticable result should be avoided. In Statutory Interpretation by Francis Bennion (Third ed.) para 313, the principle has been stated in the following manner : The court seeks to avoid a construction of an enactment that produces an unworkable or impracticable result, since this is unlikely to have been intended by Parliament. Sometimes however, there are overriding reasons for applying such a construction, for example where it appears that Parliament really intended it or the literal meaning is too strong. The learned author has referred to Sheffield City Council v. Yorkshire Water Services Ltd. (1991) 1 WLR 58 at 71, where it was held as under : Parli ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re the thing is brought within the words and within the spirit, there a penal enactment is to be construed, like any other instrument, according to the fair commonsense meaning of the language used, and the court is not to find or make any doubt or ambiguity in the language of a penal statute, where such doubt or ambiguity would clearly not be found or made in the same language in any other instrument. In Lalita Jalan vs. Bombay Gas Co. 2003 (6) SCC 107 this question was examined in considerable detail and it was held that the principle that a statute enacting an offence or imposing a penalty is to be strictly construed is not of universal application which must necessarily be observed in every case. The Court after referring to Murlidhar Meghraj Loya vs. State of Maharasthra AIR 1976 SC 1929, Kisan Trimbak Kothula vs. State of Maharashtra AIR 1977 SC 435, Superintendent and Remembrancer of Legal Affairs to Govt. of West Bengal vs. Abani Maity AIR 1979 SC 1029 and State of Maharashtra vs. Natwarlal Damodardas Soni AIR 1980 SC 593 held that the penal provisions should be construed in a manner which will suppress the mischief and advance the object which the legislature had in vi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... elihood of embarrassment. (16) Another factor which weighs with us is that a civil suit often drags on for years and it is undesirable that a criminal prosecution should wait till everybody concerned has forgotten all about the crime. The public interests demand that criminal justice should be swift and sure; that the guilty should be punished while the events are still fresh in the public mind and that the innocent should be absolved as early as is consistent with a fair and impartial trial. Another reason is that it is undesirable to let things slide till memories have grown too dim to trust. This, however, is not a hard and fast rule. Special considerations obtaining in any particular case might make some other course more expedient and just. For example, the civil case or the other criminal proceeding may be so near its end as to make it inexpedient to stay it in order to give precedence to a prosecution ordered under S. 476. But in this case we are of the view that the civil suits should be stayed till the criminal proceedings have finished. 25. In view of the discussion made above, we are of the opinion that Sachida Nand Singh has been correctly decided and the view ..... X X X X Extracts X X X X X X X X Extracts X X X X
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