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Supreme Court of India 2018-03-06 dismissed

Vishnu Chandru Gaonkar vs N.M. Dessai

Bench: 2 — Ashok Bhushan

In Brief

The appellant challenged a High Court order quashing a complaint against a lawyer for forging a deceased person's thumb impression on a court withdrawal application. The Supreme Court held that Section 195(1)(b)(ii) of the Criminal Procedure Code, which restricts prosecution for document forgery, applies only when the offence occurred after the document was produced in court. Since the forgery occurred before the application was presented, Section 195(1)(b)(ii) did not apply. The Court also rejected the appellant's attempt to shift the case to Section 195(1)(b)(i) at the appellate stage. The appeal was dismissed.

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Criminal Procedure Evidence Document Forgery Jurisdiction and Cognizance Judicial Administration

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