Judgment

RANGANATH MISRA, J.:- The short question arising in this appeal by, special leave is whether, in the absence of necessary complaint by the Civil Court where a money receipt alleged to have been forged was produced, prosecution for offences punishable under Ss. 467, and 471 read with S. 34 of the Indian Penal Code would be maintainable. The accused arc the appellants and they challenge the dismissal of their application under S. 482 of the Code of Criminal Procedure (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 Rupees 20,000/- with the 1st respondent and pay Rs. 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 O. S. No. 358/81 for refund of Rs. 20