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BIBHAS RANJAN DE
Tapas Mukherjee – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Bibhas Ranjan De, J.
1. Challenge is a proceeding initiated on a complaint to the effect that one Ram Chandra Halder, the opposite party no. 2 herein, entered into an agreement with one Tapas Mukherjee, the petitioner herein, in respect with the properties corresponding to L.R. Dag No. 2108, 2109 and 2011 at Mouja Gorjee, Chanadannagar, Hooghly for selling those properties to others and to deposit sale proceedings in favour of the opposite party herein. Accordingly, two General Power of Attorneys were executed in favour of the petitioner herein being deed no. 235/13 & 236/13 dated 12.08.2013. But said Tapas Mukherjee, petitioner herein made misrepresentation and fraudulently incorporated the Dag Nos. 2101, 2103, 2104, 2015, 2016 & 2018 by making two forged documents and tried to sell those properties along with Dag Nos. 2108,2109 & 2011.
2. Said Ram Chandra Halder lodged the complaint before the Bhadreswar Police Station where a case was registered as Bhadreswar PS Case no. 392/13 dated 07.11.2013 under Sections 467/468/471/420/120B of the Indian Penal Code (for short IPC). The case was investigated and ended with charge sheet against the petitioner for the offences under t
The court established that the intent to deceive is essential for forgery, and civil remedies do not preclude criminal liability when criminal elements are present.
The concealment of prior ownership during a property sale constitutes prima facie evidence of cheating, while insufficient evidence exists for forgery charges.
The court ruled that criminal proceedings cannot proceed for a civil dispute, especially when multiple FIRs arise from the same cause, indicating an abuse of process.
There must be a prima facie case for a cognizance order; if facts only reveal a civil dispute, the criminal proceedings cannot proceed.
Bona fide purchasers cannot be implicated in forgery or fraud where they have no part in wrongdoing, and prior allegations point to their victimization.
To attract the offence of forgery, the accused must be the maker of the forged document. The court also emphasized the importance of providing due opportunity to address arguments and the limitations....
Continuance of criminal proceedings based on civil disputes, without established fraudulent intent, is an abuse of process of law.
Charges under the IPC relating to conspiracy and forgery may advance to trial based on adequate prima facie evidence, regardless of the absence of explicit allegations against every individual accuse....
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