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1965 Supreme(Guj) 93

V.B.RAJU
STATE OF GUJARAT – Appellant
Versus
AMBALAL MAGANLAL SHAH – Respondent


Advocates Appeared: H.M.CHOKSHI, K.J.SETHNA

V. B. RAJU, J.

( 1 ) THIS is an appeal from an acquittal. The main argument advanced by the learned Government Pleader in support of his appeal is that the respondent in his compromise which was filed in the High Court in another matter admitted that there was no truth in the complaint made by him. It is therefore submitted that his acquittal under sec. 211 of the Indian Penal Code was wrong. That compromise was proved by a certain field copy. His further contention is that the compromise is a public document because it was produced in a Criminal Revisional Court and also because the Revisional Court took that compromise as one of the reasons of its judgment for reducing the sentence. It is contended that the compromise became a part of the record of the Court and that therefore it is a public document. Before the compromise was presented in the Court it was an act of the parties. It was therefore a private document. A private document does not become a public document simply because it is filed in the Court. To be a public document it should be a record of the act of a public officer or Court. There is a distinction between the record of the act of the Court and the record of the C




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