TMI Blog1983 (9) TMI 331X X X X Extracts X X X X X X X X Extracts X X X X ..... sal of their application under Section 482 of the CrPC ('Code' for short) by the High Court of Andhra Pradesh. 2. The appellants are father and son respectively. They took a printing press from the 1st respondent in terms of an agreement dated December 3, 1980, with a view to carrying on the printing business. The agreement stipulated that the appellants would have to deposit ₹ 20,000 with the 1st respondent and pay ₹ 500 p.m. as also 50% of the net profits to 1st respondent. Dispute arose between the parties over the compliance of the terms of the agreement whereupon the 1st respondent filed against the appellants O.S. No. 609/81 for mandatory injunction and O.S. No. 1140/81 for recovery of damages. Appellants filed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... igh Court that the offences laid down under Sections 474 and 471, I.P.C. are distinct. In that case it was contended that a complaint by A to police under Section 474 that B was in possession of forged documents with intention to use them in Court proceedings and thereafter B producing documents in Court and thereby committing offence under Section 471 did not wipe out the offence under Section 474. The High Court held under these circumstances that the Magistrate can proceed with case under Section 474 against B grounding the reason that Section 195(1)(b)(ii) is not attracted. The penal provisions as it is fairly settled ought to be interpreted very strictly and therefore on the foregoing analysis I have no hesitation in holding that Se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n Section 340 of the Code reads thus : 195. (1) No Court shall take cognizance - X X X (b)(ii) of any offence described in Section 463, or punishable under Section 471, Section 475 or Section 476, of the said Code, when such offence is alleged to have been committed in respect of a document produced or given in evidence in a proceeding in any Court,...except on the complaint in writing of that Court, or of some other Court to which that Court is subordinate , (underlining is ours) 5. If Section 195(1)(b)(ii) is attracted to the facts of the present case, in the absence of a complaint in writing of the Civil Court where the alleged forged receipt has been produced, taking of cognizance of the offence would be bad in law and the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y to adopt a son, or which purports to give authority to any person to make or transfer any valuable security, or to receive the principal, interest, or dividends thereon, or to receive or deliver any money, movable property, or valuable security, or any document purporting to be an acquittance or receipt acknowledging the payment of money, or an acquittance or receipt for the delivery of any movable property or valuable security, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall, also be liable to fine. The purpose of our extracting the two sections of the Penal Code is to show the offence which is made punishable under Section 467 of the Penal Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pports our view. 7. In S.L. Goswami v. High Court of Madhya Pradesh at Jabbalpur [1969] 2 S.C.R. 385 to which one of us was a party, it was held that an offence under Section 466, I.P.C. was covered by Clause (c) of Section 195(1) of the Code and it came within the purview of the section as the offence under Section 463, I.P.C. is dealt with in Section 466, I.P.C. Section 466, I P.C., it was pointed out, was an aggravated form of forgery in that the forgery should relate to a document specified in that section. Section 466, I.P.C. was, therefore, an offence as described in Section 463, I.P.C. which was committed in relation to a record or proceeding of or in a Court of justice. What was said in the aforesaid decision in regard to the off ..... X X X X Extracts X X X X X X X X Extracts X X X X
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