JUDGMENT

Ranganath Misra, J. - The short question arising to 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 sections 461 and 471 read with section 34 of the Indian Penal Code would be maintainable. The accused are the appellants and they challenge the dismissal of their application under section 482 of the Code of Criminal Procedure ('Code' for short) by the High Court of Andhra Pradesh.

2. The appellants arc 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 Rs. 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. 11401 81 for recovery of damages. Appellants filed O.S. No. 358/81 for refund