THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
CRIMINAL PETITION No.346 OF 2021
ORDER:-
This Criminal Petition under Section 482 of the Code of
Criminal Procedure, 1973 (for short "Cr.P.C.") is filed seeking
quash of the F.I.R. in Crime No.218 of 2020 of Bhimavaram I
Town Police Station, West Godavari District.
2. Heard learned counsel for the petitioner and the learned
Additional Public Prosecutor for the 1st respondent/State.
3. The 2nd respondent, who is the de facto complainant, filed a private complaint before the Court alleging that the petitioner herein, who is A-1, forged her signature on a promissory note and filed a suit, and the same was forwarded by the Court to the police under Section 156 (1) Cr.P.C. for investigation. The said complaint is registered as a case in Crime No.218 of 2020 of Bhimavaram I Town Police Station, West Godavari District, for the offences punishable under Section 467, 468, 471, 120B r/w 34 of the Indian Penal Code, 1860 (for short "I.P.C.") and the same is now under investigation.
4. Learned counsel for the petitioner would submit that the suit that was filed by him in O.S.No.231 of 2011 on the foot of the promissory note, though dismissed, that he has preferred an appeal against the said judgment and the same is now pending and as such, this criminal prosecution is not maintainable.
5. When questioned by the Court, it is stated that the suit filed by him in O.S.No.231 of 2011 on the foot of the promissory note was dismissed on the ground that the said promissory note 2 was forged. Therefore, when that be the case, when the civil Court has recorded a finding that the signature of the defendant therein was forged on the promissory note, the matter requires investigation to find out the truth or otherwise of the said allegations. Therefore, this Court do not see any valid legal ground warranting interference of this Court in exercise of its inherent power under Section 482 of Cr.P.C. either to quash the F.I.R. or to interdict the investigation.
6. Therefore, this Criminal Petition is dismissed as devoid of merit.
Although learned counsel for the petitioner requested to order for notice under Section 41A Cr.P.C., as the offence registered against the petitioner under Section 467 of I.P.C. is punishable with more than seven (07) years period of imprisonment, the same cannot be ordered.
Miscellaneous Petitions, if any pending, in this Criminal Petition, shall stand closed.
____________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY Date : 27-01-2021 ARR 3 THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY CRIMINAL PETITION No.346 OF 2021 Date : 27-01-2021 ARR