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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
JASJIT SINGH BEDI
Harjinder Singh – Appellant
Versus
Mohan Singh – Respondent
JUDGMENT :
Jasjit Singh Bedi, J.
The present petition has been preferred against the judgment dated 21.02.2009 passed by the Addl. Sessions Judge, Kurukshetra whereby the judgment of conviction dated 13/15.11.2007 passed by the SDJM, Pehowa has been set aside.
2. The present case has been registered on the basis of complaint Ex.PW7/A, which reads as under:-
"A. That an FIR No.328 dated 18.12.2000 under Section 279, 337, 338, 304-A, of Indian Penal Code, had registered on the statement of complainant against the accused Mangal Singh, who was driving truck bearing number of Indian Penal Code read with Section 120-B of Indian Penal Code, for rashly and negligently at the time of accident, and due to this accident, Kabal Singh son of Harjinder Singh and Love Preet Singh son of Palwinder Singh died at the spot and Shamsher Singh got injuries in this accident and this information was given by Kashmir Singh son of Virsha Singh, resident of Pannu Farm Kherishishgaran, to the complainant. The police investigated the above said case and impounded the truck No. PB-OBE/8513 in this case.
B. On 23.12.2000 accused No.1 Mohan Singh fraudulently and dishonestly introducing himself as Mohinder Singh, fi
The court clarified that Section 195(1)(b)(ii) of Cr.P.C. limits cognizance of forgery only if it occurs after the document has been submitted in court.
The court held that allegations of forgery and cheating in the FIR do not have a predominantly civil profile and are not barred under Section 195(1)(b)(i) of Cr.P.C., thus the FIR cannot be quashed.
The court ruled that charges under IPC Sections 193 and 471 require a prior written complaint under Section 195 Cr.P.C., highlighting the jurisdictional limits on the Magistrate's authority to frame ....
The court confirmed that presenting a forged document constitutes a serious offense warranting prosecution under relevant legal provisions, emphasizing the need for judicial integrity.
Section 415 of IPC mandates that there should be inducement from hands of accused to victim to part with any property and transaction should be tainted with dishonest intention right from its outset.
A valid written complaint is required under Section 195 Cr.P.C. to initiate criminal proceedings for forgery related to evidence presented in court, highlighting procedural safeguards against wrongfu....
Petitioner has not been confined for illegal purpose amounting to commission of offence. As such, the petitioner cannot take advantage of the liberty granted to him by filing the complaint under Sect....
The Court upheld convictions for forgery and related offences, emphasizing that the burden of proof shifts when an individual has not been heard from for an extended period, and hearsay evidence requ....
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