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George Bhaktan v. Rabindra Lele

Criminal Appeal · Neutral citation not assigned (Criminal Appeal No. 2165 of 2014)Decided 24 Sept 2014
Criminal Appeal No. 2165 of 2014
Justice Dipak Misra · Justice Vikramajit Sen

Background

This order sends the case back; it does not decide the dispute. A purchaser accused machinery suppliers of failing to deliver equipment and forging his signature on a letter used to obtain an extension from the financing corporation. The disputed letter was later produced in a civil suit. The High Court quashed his criminal complaint on the ground that only the civil court could initiate prosecution over that document.

Decision Breakdown

This is not a final decision on the dispute. The Supreme Court allowed the purchaser's appeal and remanded the quashing petition to the High Court for fresh consideration, preferably within three months. The requirement of a court complaint did not apply merely because an allegedly pre-existing forgery was later filed in litigation. The High Court had relied on an earlier interpretation displaced by binding larger-bench decisions. Because it had not assessed whether the actual allegations and evidence justified proceedings, the Supreme Court left that factual issue open and expressed no view on guilt.

Lesson Learnt

Producing an allegedly forged document in a later lawsuit does not by itself prevent the victim from making a criminal complaint. The timing of the alleged forgery matters, and the complaint must still disclose a sustainable case.

Official source (sci.gov.in)View Judgment (PDF)

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