1. By writing a false statement in an affidavit or other document does the maker thereof commit the offence of forgery? This question has turned out ultimately to be the decisive one in this appeal filed by a complainant against the order of acquittal. In the complaint it was alleged that the accused has committed the offence under S.465 and 471 of the Indian Penal Code in respect of an affidavit filed before a Returning Officer appointed to hold elections to the Board of Directors of a co-operative society. The trial Magistrate, after preliminary enquiry framed a charge against the accused for the aforesaid offences, but on the conclusion of the trial he passed a verdict of not guilty. Hence this appeal by the complainant with special leave.

2. The complainant is a member of Koodaranhi Service Co-operative Bank Ltd., (for short 'the Bank'). Accused was the President of the Committee (Board of Directors, as it is termed differently) of the bank. When the term of the Committee expired, a fresh election was to be held for which notification was published inviting nominations. A Returning Officer for the said purpose was appointed. As per S.28 (2) (b) of the Kerala Co-opera