The main legal point established is that the bar u/S.195 of the Cr.P.C. does not apply when forgery of the document is committed before it is produced in court.

1. This petition u/S.482 of the Cr.P.C. is directed against the proceedings in C.C.No.2230/08 on the file of the learned II Addl. JMFC, Gulbarga and the petitioner seeks quashing of the said proceedings.

2. The facts in brief are that the 2nd respondent lodged a private complaint u/S.200 of the Cr.P.C. by stating that in respect of the claim petition filed before the workmen’s Compensation Commissioner, the petitioner herein appeared before the Workmen’s Commissioner and filed his written statement and also filed xerox copy of the insurance cover note in respect of the vehicle belonged to the petitioner bearing registration No.KA-38/9000. The Insurance Company contested the said claim petition before the Workmen’s Commissioner and took up the stand that the vehicle belonging to the petitioner was not insured with the Insurance Company. However, based on the xerox copy of the covering note produced by the petitioner herein, the Commissioner for Workmen’s Compensation allowed the claim petition and awarded a sum of Rs.2,13,570/- with interest to the claimants Eshwaramma and others. Later on, the Insurance Company came to know that the present petitioner being the owner of the vehicle had produced at fake insurance cover note, it approached the Commissioner for Workmen’s Compensation for modification of the order passed in WCA/Cr.No.61/01 in respect of Eshwaramma-the claimant. After issuing notice to the petitioner and after considering the documents produced by the Insurance Company as well as the other materials on record, the Commissioner for Workmen’s Compensation was satisfied that the petitioner herein had produced a fake insurance covering note and therefore, Misc. Petition No.1/05 filed by the Insurance Company was allowed and the order passed awarding compensation was recalled and the petitioner herein was directed to deposit the entire amount of Rs.3,20,507/-. Pursuant to the said direction, following the petitioner not depositing the said amount, Execution petition was filed by the Insurance Company and a show cause notice was issued to the petitioner to deposit the said amount within 15 days, but he did not comply with the said direction. Under these circumstances, the Insurance Company is therefore filed a private complaint u/S.200 of the Cr.P.C. for taking action against the petitioner in respect of the fake insurance cover note produced before the Workmen’s Compensation Authorities.

3. The said complaint therefore referred to the police for investigation by the learned Magistrate and ultimately, the charge sheet was submitted by the police in respect of the offences punishable under Sections 420, 193, 198 and 199 of the I.P.C. The petitioner appeared before the trial court and was released on bail and now he is before this Court challenging the criminal proceedings initiated against him in the aforementioned C.C.No.2230/08.

4. I have heard Sri. Ishwar Raj S. Chowdapur, learned Counsel for the petitioner, Smt. Anuradha M. Desai, learned Addl. S.P.P., for the State and Sri. S.S. Aspalli, learned Counsel for the Insurance Company and perused the entire material placed before this Court.

5. Learned Counsel for the petitioner contented that in respect of the offence punishable u/S.195 of the I.P.C., the complaint has to be lodged in writing by the court concerned and not by any other person. Referring to Section 195(1) of the Cr.P.C., it is argued that no Court shall take cognizance in respect of the offences punishable under Sections 193 to 196 of the I.P.C. and other Sections mentioned in clause (b)(i) of the said Section, except on the complaint in writing of that Court by such an officer of the Court as that Court may authorise in writing in this behalf, or some other court to which that Court is subordinate. Therefore, referring to the aforementioned provision of Section 195 and also referring to Section 340 of the Cr.P.C., which prescribes the procedure as to how the complaint has to be preferred under