In Brief
This case addresses whether the statutory bar under Section 195 of the Criminal Procedure Code applies to allegations of document forgery committed before the documents were produced in Court. The appellant alleged that respondents had forged personal and surety bonds which were later filed in criminal proceedings. The lower courts dismissed the complaint, citing Section 195's embargo on private prosecutions for offences affecting Court proceedings. The Supreme Court, following the Constitution Bench judgment in Iqbal Singh Marwa, held that Section 195's bar applies only when forgery occurs after a document is produced in Court. Since the alleged forgery pre-dated production in Court, the private complaint was maintainable. The Court remitted the matter for consideration on merits.
The lawyer headnote and full judgment text are available to registered users.