The findings of the civil court are not binding on the criminal court, and civil and criminal proceedings can proceed simultaneously.

ORDER/JUDGMENT : – Shri Rohit Bansal, Advocate for applicant.

Shri Gaurav Mishra, Advocate for respondents.

This application under section 482 of Criminal Procedure Code has been filed against the order dated 21-9-2021 passed by First Additional Sessions Judge, Ashoknagar in Criminal Revision No. 6/2019, thereby affirming the order dated 9-4-2018 passed by JMFC, Ashoknagar in an unregistered Complaint Case No. ...../2016, by which the criminal complaint filed by the applicant for offence under sections 193, 196, 465, 471 and 120-B of Indian Penal Code has been dismissed under section 203 of Criminal Procedure Code.

2. The necessary facts for disposal of the present application in short are that the applicant had filed a suit against respondents No. 1 to 6 for declaration of title and permanent injunction in respect of agricultural land bearing survey No. 307 area 0.836 hectares and survey No. 308 area 0.251 hectares situated at village Garethi, Tahsil Isagarh, District Ashoknagar. An affidavit of the applicant was filed by the respondents in which it was mentioned that the sale deed, which was executed by the father of the applicant in respect of the land in dispute, was in fact a document by way of security of loan and was not an out and out sale. The Trial Court decreed the suit and declared that the applicant is the owner and title holder of the land in dispute and the copy of the affidavit, which was filed by respondents No. 1 to 6, was disbelieved.

3. Being aggrieved by the judgment and decree passed by the trial Court on 16-11-2015 in Civil Suit No. 63-A/2015, the respondents preferred a Civil Appeal, which was registered as Civil Appeal No. 82-A/2015, and the said Civil Appeal was dismissed by the District Judge, Ashoknagar by judgment and decree dated 10-8-2016 and the copy of the affidavit, which was filed by the respondents, was once again disbelieved.

4. It is submitted that it is true that the Second Appeal is pending against the judgment and decree passed by the District Judge, Ashoknagar, but it has not been admitted so far.

5. The applicant filed a complaint against respondents for offence under sections 193, 196, 465, 471 and 120-B of Indian Penal Code on the ground that in the Civil Suit the respondents No. 1 to 6 had filed a forged copy of an affidavit dated 18-6-2001 with a solitary intention to adversely effect the title of the applicant. The Trial Magistrate by order dated 9-4-2018 passed in an unregistered Criminal Complaint No. ......./2016 dismissed the complaint on the following grounds : –

i. The complaint was not filed by the Court. ii. The applicant had filed the complaint only after the disposal of the Civil Appeal No. 82-A/2015 and not prior to that. iii. The dispute is of civil in nature.

6. Being aggrieved by the order dated 9-4-2018 passed by JMFC, Ashoknagar, the applicant preferred Criminal Revision No. 6/2019, which was dismissed by First Additional Sessions Judge, Ashoknagar by order dated 21-9-2021 on the ground that the Court below had disbelieved the affidavit on the ground that the said affidavit was not a registered document, whereas the applicant had filed the suit on the basis of a registered sale deed. Even in the Civil Appeal, the Appellate Court has not given a finding that the document is a forged document, although it has found that the document is of suspicious in nature. Thus, it was held that since the complainant has not filed any document to show that the so called affidavit, which was filed by the respondents No. 1 to 6 in the Civil Suit was a forged document, therefore, the trial Court rightly did not take cognizance of the same. Further, it was also held that since the trial Court as well as the Civil Appellate Court while deciding the Civil Suit as well as Civil Appeal had not given any direction for filing of the criminal complaint, therefore, it cannot be said that the copy of the affidavit filed in the Civil Suit was a forged document. Furthermore, the complainant/ap