When civil court findings affirm the genuineness of documents alleged to be forged, criminal proceedings for forgery should be quashed.

ORDER

The present petition is filed to quash charge sheet filed by the 1^st respondent in C.C.No.66 of 2016, on the file of the Judicial Magistrate VI, Madurai for the alleged offences under sections 468 and 471 of IPC.

2.1. The brief facts of the case are that the petitioner is a supplier of hardware materials used in construction and the defacto complainant is a builder and they have business transactions on multiple occasions from 1996 to 2008. According to the petitioner based on the statement of accounts dated 06.05.2008 a sum of Rs.7,21,460/- was payable by the 2^nd respondent towards the materials supplied and the 2^nd respondent failed to settle the outstanding amount despite repeated demands. Hence, the petitioner filed civil suit in O.S. No. 111 of 2011 on the file of V Additional District Judge, Madurai inter alia praying to recover the said amount and produced statement of accounts and credit statements marked as Exhibits A9 and A10. On the side of the 2^nd respondent, eleven cash vouchers have been produced. During the pendency of the civil suit, the 2^nd respondent approached the Judicial Magistrate under Section 156(3) of the Code of Criminal Procedure for registration of FIR for the allegation that the petitioner had committed forgery in Exhibit A10 by making certain interpolations. It was further alleged that in the cash vouchers in the possession of the 2^nd respondent, the petitioner had deliberately affixed his signatures in different styles with an intention to cheat him and the said petition was allowed and FIR was registered by the 1^st respondent police. Subsequently, without conducting a proper investigation, a charge sheet was filed for offences under Sections 406, 420, 468, and 471 of the Indian Penal Code.

2.2. Aggrieved over the charge sheet, the petitioner preferred quash petition in Crl.O.P.(MD)No.13298 of 2016 on the file of High Court and vide order dated 05.02.2020, this Court partly allowed the petition and quashed the proceedings insofar as the offences under Sections 406 and 420 of the IPC on the ground of lack of sufficient material to establish those charges. However, with regard to the offences under Sections 468 and 471 IPC, the charge sheet was sustained. Insofar as the civil proceedings are concerned, the original suit in O.S.No.111 of 2011 was dismissed on 30.03.2015 on the ground that the petitioner had not properly maintained the accounts. Aggrieved by the same, the petitioner preferred an Appeal Suit in A.S.(MD)No.97 of 2016 on the file of High Court wherein the appellate court set aside the findings of the trial court and remitted the matter back for the limited purpose of examining the genuineness of the disputed vouchers produced by the 2^nd respondent which were marked as Exhibits B49 and B52 to B58. Further, this Court has categorically held that Exhibit A9, which was alleged to be a forged document, is in fact a genuine document and inspires confidence. In view of the aforesaid subsequent developments, the present quash petition is filed to quash the other sections 468 and 471 of IPC.

3. Heard Mr.M.Saravanan, the Learned Counsel appearing for petitioner and Mr.A.S.Abul Kalaam Azad, Learned Government Advocate (Criminal Side) appearing for the 1^st respondent and perused the records.

4. Notice was issued to the 2^nd respondent, vakalat was filed, counter was filed, however had not appeared on the date of hearing. This Court perused the counter and proceeded with the hearing. After hearing the rival submissions, this Court had given it anxious consideration.

5. The allegation is under sections 468 and 471 of IPC and the said sections are extracted hereunder:

"468. Forgery for purpose of cheating. —Whoever