IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17^TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE H.P.SANDESH CRIMINAL APPEAL NO.42 OF 2025 BETWEEN:

1. S. NUSRUTHUNISSA BEGUM D/O LATE SYED SIRAJUDDIN, AGED ABOUT 69 YEARS, R/AT NO.1040/B, 12^TH CROSS, UMMARNAGAR, GOVINDAPURA MAIN ROAD, ARABIC COLLEGE POST, BENGALURU - 560 045 …APPELLANT (BY SRI. ASGAR ALI KHAN, ADVOCATE FOR SRI. RAJESH G.S., ADVOCATE)

AND:

1. JOSEPH KANTHARAJ S/O. LATE FRANCIS KARUNAKARAN, AGED ABOUT 69 YEARS.

Digitally signed

2. AGNES MARY by DEVIKA M W/O. JOSEPH KANTHARAJ, Location: HIGH COURT OF AGED ABOUT 59 YEARS.

KARNATAKA

3. ANANDARAJ S/O LATE FRANCIS KARUNAKARAN, AGED ABOUT 61 YEARS.

ALL ARE R/AT NO.2, SOUTH SECOND CROSS, OIL MILL ROAD, MARUTHISEVANAGAR POST, BENGALURU - 560 033.

…RESPONDENTS THIS CRIMINAL APPEAL IS FILED UNDER SECTION 341 OF CR.P.C. (380 OF BNSS) BY THE ADVOCATE FOR THE APPELLANT/S PRAYING TO SET ASIDE THE ORDER PASSED IN CRL.MISC.NO.776/2023 DATED 11.11.2024 BY XL ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY (CCH-8) AND BE PLEASED TO DIRECT THE LEARNED TRIAL COURT JUDGE AS AFORESAID TO LODGE A COMPLIANT AGAINST THE RESPONDENT FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 193, 198, 205, 209, 260, 408, 466 OF IPC.

THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE H.P.SANDESH

ORAL JUDGMENT

Heard the learned counsel for the appellant.

2. This appeal is filed against the order of dismissal on the complaint filed under Sections 195 and 340 of Code of Criminal Procedure, 1973.

3. The factual matrix of the case of the appellant is that respondent Nos.1 and 2 knowing well about the death of Sri.J.Anthonyswamy, with fraudulent and malafide intention of illegal knocking off the property had obtained a fake counterfeit or Tahalagi stamp paper of proof for a denomination of Rs.100/- and out of manual typing and rubber seal of such fake stamp paper said to have purchased on 10.06.1997, typed its content as total sale consideration amount of Rs.1,05,000/- and an amount of Rs.75,000/- received as advance in the presence of witnesses, they have forged the signature of J.Anthonyswamy on the said document and created fake and forged document of agreement to sell. The agreement to sell is said to have been made and executed in favour of all the respondents on 11.06.1997. The respondent No.1 by the aid of such fake and forged agreement of sale has instituted the original suit for specific performance on 12.03.1999 against Joseph Sundari Augustine Reddy, S.Aktharunissa Begum and S.Nusruthunissa Begum without any prior notice to the said parties in O.S.No.2089/1999 before the learned XI Additional City Civil Judge (CCH-88) at Bengaluru.

4. The respondent No.1 during the pendency of the original suit produced Ex.P2-Medical certificate to show that an over writing is done as "12.50 p.m." and the certificate is said to have been obtained on 28.09.2001. The appellant throughout the trial of O.S.No.2089/1999 had raised the defence that such documents produced by the respondents are tampered, concocted, fabricated and created. The appellant came to know of the offence committed by the respondents against the administration of justice and placed Ex.P1 and its forged signature for Forensic Report. The counterfeit stamp paper was sent to the Central Printing Press, Nasik. The respondents had jointly and severally with a common intention committed the offences under Sections 193, 198, 205, 209, 260, 408 and 466 of the Indian Penal Code, 1860. The respondents have committed the alleged offence from the institution of the original suit till the pendency of the appeal proceedings. Since, the original suit is not pending; there is no impediment or bar to proceed against the respondents in this Criminal Miscellaneous proceeding. The same is pleaded by invoking Section 195 and Section 340 of the Cr.P.C.

5. The trial court having considered the grounds urged in the petition, formulated the following