The need for prima facie evidence and the expediency in the interests of justice before initiating proceedings under Section 340 CrPC.

JUDGMENT :

A. Rule, returnable forthwith. Learned advocates for the respective parties waive service. With the consent of the learned advocates for the parties present, the matter was taken up for final hearing.

B. Heard, the learned advocates for the respective parties.

C. Order in Criminal Misc. Application No. 1 of 2020 :

1. Prayer in this petition is to direct inquiry, investigation and to file or direct to file a criminal complaint, which is to the facts alleging forgery and fabricating the signature of the present petitioner - Ashwinbhai Bhikhabhai Sardhara in petition of Criminal Misc. Application No. 18498 of 2018 and in the Vakalatnama appended therewith before this Court. Alternatively, it is prayed to permit the petitioner to file appropriate complaint before appropriate authority in accordance with law.

2. It is stated by the petitioner that he was shown as petitioner No. 2 in Criminal Misc. Application No. 18498 of 2018, which is filed along with petitioner No. 1 therein – Dhirubhai Mohanbhai Bhanderi under Section 482 of the Criminal Procedure Code, 1973 (CrPC) with a prayer to quash and set aside FIR being C. R. No. I-178 of 2018, registered with Nikol Police Station, Ahmedabad for the offence punishable under Sections 384, 387, 507, 114 and 506(2) of the Indian Penal Code, 1860 (IPC) and other provisions of the Money Lending Act, 1946.

2.1 The petitioner contends that he had not signed the Vakalatnama nor had approached this Court by filing Criminal Misc. Application No. 18498 of 2018 and he came to know that the said petition had been sworn by impersonating him and had learnt that his signature was forged in the petition as well as in the Vakalatnama.

2.2 It is further stated that while filing the quashing petition being Criminal Misc. Application No. 14576 of 2020 before this Court by the present petitioner, attention was drawn by the Registry of this Court about one matter, in his name, already shown pending before this Court. The petitioner states that he was shocked as he had never authorised any person nor had put his signature on any document to be filed in a quashing petition i.e. Criminal Misc. Application No. 18498 of 2018. Therefore, the petitioner applied for certified copy of entire set of Criminal Misc. Application No. 18498 of 2018 and found that on each page of the petition as well as upon affidavit, his forged signature was put. The petitioner contends that he had never remained present before this Court nor had remained present on the date when it was stated to be sworn and Vakalatnama too, bears forged and fabricated signature.

3. Ms. Kruti M. Shah, learned advocate for the petitioner, would submit that it is a clear case of forging the signature of the petitioner and to the best of information to the petitioner, son of Dhirubhai Mohanbhai Bhanderi has committed the said act as he being the partner of the petitioner, misused his position and thus, learned advocate Ms. Shah would submit that a criminal complaint is required to be filed and the provisions of Section 340 read with Section 195 CrPC are required to be invoked alleging that the offence punishable under Section 463, 471, 475 or 476 IPC has been committed in respect of a document produced or given in evidence in a proceeding of the Court. Learned advocate Ms. Shah would further submit that in case no complaint can be filed except on complaint in writing by the Court or by such officer authorised by the Court in accordance with the provision of law then, alternatively, the complainant be permitted to file a complaint.

3.1 Learned advocate Ms. Shah further submitted that, even in case, a document is stated to have been signed outside the precinct of the High Court and is produced in the proceedings by any person, then too, the Court can take cognizance and proceed against the alleged under Section 340 couple with Section 195 CrPC. Further more, she submitted that the signature, if it is admitted by the person concerned against whom allegation o