J U D G M E N T

A complaint was filed by the petitioner before S.I. of Police, Thidanadu Police Station. Since the police did not take any action, a private complaint was later filed by him before J.F.C.M., Erattupetta.

2. The allegation is that the document which was produced by the counter petitioners in that complaint was a forged agreement and that making use of that forged agreement, the counter petitioners filed a suit against the petitioner herein. According to the petitioner, the counter petitioners have committed offences under Secs.406, 420, 468 and 471 r/w 34 IPC. When the complaint was filed before J.F.C.M., Erattupetta, the learned Magistrate observed that the offence if any committed by the accused persons would come under Secs.193 and 196 IPC and if that be so, the learned Sub Judge has to conduct an enquiry under Sec.340 Cr.P.C. and after conducting enquiry a complaint has to be filed under Sec.195 Cr.P.C. In the light of the Larger Bench decision of the Apex Court inIqbal Singh Marwah and another v. Meenakshi Marwah and another reported in [(2005) 4 SCC 370] since the offence was alleged to have been committed in respect of a document produced or given in evidence in