Gontla Vara Prasad vs State Of Andhra Pradesh
2021 Latest Caselaw 384 AP

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

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

THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY

CRIMINAL PETITION No.346 OF 2021

Date : 27-01-2021

ARR