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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
HARINATH.N
T.M. food Processing Ltd – Appellant
Versus
State Of Andhra Pradesh – Respondent
| Table of Content |
|---|
| 1. police charge statements rely on ten-year lapse. (Para 1 , 2 , 8) |
| 2. transfer of shares involved mous and legal disputes. (Para 3 , 4 , 5 , 6) |
| 3. contention regarding maintainability of quash petitions. (Para 10 , 11 , 12) |
| 4. drawing adverse inference in forgery allegations. (Para 14 , 15 , 16) |
| 5. burden of proof principles and inference standards. (Para 17 , 18 , 19) |
| 6. (Para 22 , 23) |
ORDER :
HARINATH.N, J.
1. The criminal petitions are filed seeking quash of CC.Nos.590 of 2017, 567 of 2017 and 554 of 2017 on the file of IV Additional Chief Metropolitan Magistrate at Visakhapatnam. The criminal petitions are filed primarily on the ground that the police on the complaint filed by the 2nd respondent after a lapse of ten years from the date of the alleged offences have registered cases and filed charge sheets.
2. The other contention of the learned counsel for the petitioners is that the petitioners are alleged to have committed offences under Sections 420 , 465, 468, 175 of IPC. It is submitted that when the allegations of forgery are made, the police ought to have failed to secured the alleged forged documents during the course of investigation. It is submitted that the
In criminal proceedings, the prosecution bears the burden of proof to establish guilt beyond reasonable doubt; adverse inference cannot sustain charges absent secure evidence.
The court established that pending civil proceedings do not preclude criminal liability for forgery and conspiracy when sufficient prima facie evidence exists.
The existence of a civil suit does not bar criminal proceedings for the same cause, as the standards of proof differ between civil and criminal cases.
Forgery – Charge of forgery cannot be imposed or sustained against a person against whom prima facie allegation of making false letter in question has not been established.
When civil court findings affirm the genuineness of documents alleged to be forged, criminal proceedings for forgery should be quashed.
The court upheld the necessity for prima facie evidence when framing charges, emphasizing that mere allegations are insufficient without supporting documentation.
Quashing of criminal proceedings due to lack of sufficient evidence and failure to consider prior relevant filings by the opposite party.
A valid written complaint is required under Section 195 Cr.P.C. to initiate criminal proceedings for forgery related to evidence presented in court, highlighting procedural safeguards against wrongfu....
The court held that allegations in the FIR constituted a cognizable offence, and the petition for quashing the FIR was dismissed.
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