SENIOR MANAGER (P&D), RIICO LTD.versusTHE STATE OF RAJASTHAN & ANR.

                            (2017] l l S.C.R. 214


A               SENIOR MANAGER (P&D), RIICO LTD.
                                      v.
                 THE STATE OF RAJASTHAN & ANR.
                     (CriminalAppealNo. 1845 of2017)
B                           NOVEMBER 03, 2017
              [A. K. SIKRI AND ASHOK BHUSHAN, JJ.J
          Penal Code, 1860 - ss.420, 467, 478 and 471 - FIR registered
   by appellant alleging forgery of the letter in question and fraud by
c Respondent No.2 - Final report filed stating that since the said
   let/er was filed in a civil suit filed by Respondent No.2, thus, in view
   of provisions ofs.195(/)(h)(ii) CrPC. the police ca11not investigate
   the matter - Such fi11al report accepted by Chief Judicial Magistrate
   (CJM) -Afier some litigation between the parties wherein the matter
   was remanded back by Revisional Court-Additional Sessions Judge
D (ASJ). CJM eve11tually vidc order dated 20.06.2009 co11sidered the
   matter on merits and held that prima facic 110 case offorging and
  playing ji-aud were made out against the accused-Respondent No.2
   - Revision application filed by the appellant before ASJ, dismissed
   - Said order was challenged by appella11t before High Court by
E .filing petition u!s.482, CrPC. which was dismissed - On appeal,
   held: CJM in his order dated 20.06.09 as well as the Revisional
   Co11rt had considered the material on record and came to the
   conclusion that 110 prima facie case was made 011t against the accused
   that he has committed any forge1:v or played any fraud- High Court
    also took the sa111e vie1v that no evidence H-'as available on recor(J
F   suggesting that letter i11 q11estio11 was prepared by Respo11dent No.
    2 - No infirmity found in the said order - Code of Criminal
    Procedure, 1973 - ss.195(/)(b)(ii) and 482.
          Code of Criminal Procedure, 1973 - s.195(/)(b)(ii) - If
   applicable - Held: Sec/ion 195(/){b){ii) would be attracted only
G .when /he offe/ll:es enumera/ed in lhe said provision have been
   commiued with respect to a document a.fier it has been produced or
   giFen in eviclence in a proceecling in an.v court - Ho»•ever. in the
   instant case. the allegedly forged letter dtd. JIJ.()4.1992 was flied
   in a civil suit on 27.04.1992 - No case that forgery was committed

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                                   214
SENIOR MANAGER (P&D), RHCO LTD. v. THE STATE OF                           215
             RAJASTHAN & ANR.

ajier the letter was flied in the court - Tims, provision u/:S.195        A
(J)(b)(ii) was not attracted.                                 ·
      Dismissing the appeal, the Court
       HELD: I.I In the 11rescnt case, the letter dated 10.04.1992
is claimed to be a forged"letter not signed by appellant. The said
letter was tiled before the Court on 27.04.1992 in a civil suit filed     B
by the respondent no.2. There is no case that forgery was
committed after the letter was tiled in the Court. Thus, provision
under Section 195(l)(b)(ii) Cr.P.C. was not attracted. [Para 9] (219-
FJ
      1.2 The Chief Judicial Magistrate in his order dated C
20.06.2009 as well as the Revisional Court had considered the
material on record and came to the conclusion that no prima fi1cie
case was made out against the accused that he had commitled
any forgery or played any fraud in forging the document. The said
order of the Revisional Court was challenged before the High D
Court and High Court also came to the conclusion that no evidence
was available on record to suggest that letter dated 10.04.1992
was prepared by Respondent No. 2. The High Court held that no
illegality can be found in the order of Revisional Court. No
infirmity is found in the said view of the High Court [Paras 12,
131(221-D, GJ                                                      E
      Sachida Nand Singh & Anr. v. State of Bihw· & Anr.
      (1998) 2 SCC 493 : (1998) l SCR 492 - referred to.
      Iqbal Singh Manvah & Am: v. Meenakshi Marwah &
      A11r. (2005) 4 SCC 370 : [2005] 2 SCR 708- followed.
                                                                          F
                       Case Law Reference
[1998] I SCR 492                referred to              Para 3
(2005) 2 SCR 708                followed                 Paras
      CRIMINALAPPELLATEJURISDICTJON: Criminal Appeal No.                  G
1845 of2017.
      From the J uclgment and Order dated 07. 02.2017 by the High Court
of Judicature for Rajasthan at Jodhpur in S.B. Criminal Misc. Petition
No. 320/2012.
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216            SUPREME COURT REPORTS                          (2017] 11 S.C.R.


A         Dr. Manish Sighvi, IrshadAhmad, Shailja Nanda Mishra,Advs. for
      the Appellant.
            Ms. Ruchi Kohli, Ms. Nidhi Jaswal, Ms. Bhavya Tandon, Ajay
      Kumar Talesara, S. Sarfaraz Karim, Tejasvi Kumar, Ambar Qamaruddin,
      Advs. for the Respondents.
B           The Judgment of the Court was delivered by
            ASHOK BHUSHAN J. 1. This appeal has been filed against
      judgment dated 07.02.2017 of Rajasthan High Court dismissing Single
      Bench Criminal Miscellaneous Petition which was filed by the appellant
      questioning the judgment dated 22.07 .20 l l ofAdditional Sessions Judge
C     dismissing the Criminal Revision Petition preferred by the appellant.
              2. The facts giving rise to this appeal disclose several stages of
      litigation arising out ofFirst Information Repo1t lodged by appellant dated
      29.04.1992 under Section 420 !PC.

D            3. The brief facts of the case necessary to be noted for deciding
      this appeal arc:
             A letter dated 10.04.1992 was purported to be issued by Regional
      Manager, RIICO, Sriganganagar to the Respondent No. 2 Mis. Kanha
      Refined Oil and Vanaspati Pvt. Ltd. through Ravi Setia(Partner). The
 E    appellant who was working as Regional Managerand had allegedly signed
      the above letter when came to know about the letter dated L0.04.1992,
      he asked Respondent No. 2 on 23.04.1992 to produce the original copy
      of the letter within 24 hours. The letter was not produced before the
      office of Respondent No. 2 rather on 27 .04.1992 the letter was produced
      by his counsel in Suit Case No. 2/84 titled M/s. Kanha Refined Oil and
 F    Vanaspati Pvt. Ltd. Vs. RIICO Limited. On 29.04.1992 the appellant
      filed a First Information Report No. 184 under Section 420 !PC alleging
      that on I 0.04.1992 a letter has been forged by Respondent No. 2 and
      got it dispatched from the office by a Class JV employee, Raghuvir
      Singh on 10.04.1992. It is alleged that by playing fraud, forged and bogus
 G    document has been prepared by Respondent No. 2 hence, offence under
      Sections 467, 468 and 471 IPC arc made out. FIR was registered under
      Section 420. A Final Report was submitted by the Inspector, Police Station
      Kotwali. In the Final Report, it was mentioned that since the letter dated
       I0.04.1992 has been filed in Case No. 2/84, in view of provisions of
      Section !95(1)(b){ii) Cr.P.C. the po,lice cannot investigate the matter.
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SENIOR MANAGER (P&D), RIICO LTD. v. THE STATE OF                               217
      RAJASTHAN & ANR. [ASHOK BHUSHAN, J.]

The Final Report was accepted by the ChiefJudicial Magistrate by order         A
dated 22.05.1998, relying on Section 195(1 )(b)(ii) Cr.P.C. The appellant
filed a Criminal Revision before the Additional Sessions Judge who vide
his order d~ted 01.05.2000 set aside the orderofChiefJudicial Magistrate
and remanded the matter. The Trial Court passed a fresh order granting
opportunity of hearing to the complainant. The Chief Judicial Magistrate
                                                                               B
afterthc remand again relying on Section I 95(1 )(b)(ii) Cr.P.C. held that
letter having been filed in civil suit, cognizance cannot be taken. The
Protest Petition was dismissed and Final Report was accepted. The
Criminal Revision was filed by the appellant challenging the order dated
12.03.2003. The Rcvisional Court held that the provision of Section
195( I )(b)(ii) Cr.P.C. is not applicable to the facts of the present case.    c
The Revisional Court has placed reliance on the judgment of this court
in Sachida Nand Singh & Anr. Vs. State of Bil1ar &Anr., (1998) 2
sec 493, where it was held that when the document before producing
in the Court has been prepared in a forged manner, provision of Section
195(l)(b)(ii) Cr.P.C. cannot be made applicable. The Revisional Court
set aside the order of subordinate court and directed the court below to       D
pass an order in accordance with law, on the basis of evidence available
on file.
      4. Operative portion of the judgment is as follows:
       "ORDER                                                                  E
      Hence, by allowing the Revision of the Revisionist, the order
      dated 12.03.:!003 is hereby set-aside and Subordinate Court
      is hereby ordered that it shalt pass an order afresh in
      accordance with law, on the basis of evidence available on
      file and after granting opportunity of hearing lo the F
      Complainant. The Case File shall be produced before the-
      Subordinate Court on 08.08.2003."
      5. After the order ofRcvisional Com1, the Chief Judicial Magistrate
again considered the matter and by order dated 20.06.2009 rejected the
Protest Petition of appellant. The ChicfJudicial Magistrate noticed the
                                                                               G
order of the Revisional Court that benefit of Section 195( l)(b)(ii) Cr.P.C.
can not be granted to the accused in the present case. The Chief Judicial
Magistrate did not rely on Section 195( 1)(b)(ii) Cr.P.C. rather looking to
the materials on record came to the conclusion that prima facie case of
forged document and playing fraud have not been made out against the
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218             SUPREME COURT REPORTS                           [2017] l l S.C.R.



A     accused. Aggrieved against the order dated 20.06.2009, a Rcv1S10n
      Application was also filed before the Court of Additional Sessions Judge
      by the appellant which has been dismissed on 22.07.20 l l. The order
      dated 22.07.2011 was challenged before the High Court by filing a petition
      under Section 482 Cr.P.C. which has been dismissed by the High Court
      on 07.02.2017 which order is under challenge in this appeal.
 B
             6. Dr. Manish Singhvi. learned counsel for the appellant submitted
      that in the present case the forged letter dated 10.04. l 992 was filed in
      Civil Court on 27.04.l 992 that is subsequent to letter having been forged.
      The provisions of Section l95(l)(b)(ii) Cr.P.C. were not attracted and
      there was no prohibition in law in taking cognizance of the offence. He
 c    submitted that the Respondent No. 2 was the beneficiary of the letter
      which was addre'8cd to him hence the cou11s below ought to have taken
      cognizance of the offence. He submitted that Courts below committed
      error in not taking cognizance of the offonce.
             7. Learned Counsel appearing for Respondent No. 2 refuting the
 D    submission of counsel for the appellant contended that present is a case
      where there is no issue pertaining to Section 195( I )(b)(ii) Cr.P.C. He
      submitted that learned Chief Judicial Magistrate in his order dated
      20.06.2009 has not dismissed the Protest Petition on the ground of bar
      of Section l 95( l )(b )(ii) Cr.P.C. rather has after considering the cvi<kncc
 E    on record held that no primafi1cie case has been made out against the
      Respondent Nci. 2 for taking cognizance of the offoncc. He further
      submitted that from the evidence on record, it is clear that letter was
      dispatched from the ot1iec of Regional Manager and it has further come
      on record that a Class IV employee Shri Raghl1vir Singh of the office
      has dispatched the letter. He submitted that there is no material on record
 F    to even prima facie suggest that the Respondent No. 2 is involved in
      forging the letter. He submitted that the courts below after considering
      the materials have rightly come to the conclusion that no case has been
      made out lo allow the Protest Petition filed by the appellant.
             8. We have considered the submissions of the learned counsel for
 G    the parties and have perused the record. In so far as, submission of the
      appellant regarding Section 195( l ){b)(ii) Cr.P.C. the law is not well
      settled by the Constitution Bench judgment that Section 195(l)(b)(ii)
      Cr.P.C. would be attracted only when the offences enumerated in the
      said provision have been committed with respect to a document after it
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SENIOR MANAGER (P&D), RJ!CO LTD. v. THE STATE OF                                219
      RAJASTHAN & ANR. [ASHOK BHUSHAN. J.]

has been produced or given in evidence in a proceeding in any court.            A
The Constitution Bench in Iqbal Singh Marwall & A11r. Vs. Jl.feenakshi
Marwall & Anr., (2005) 4 SCC 370 in para 33 & 34 had held:
      "33. Jn view of the discussion made above, we are of the
      opinion thal Sachida Nand Singh (1998) 2 SCC 493 has been
      correclly decided and /he view U1ken therein is the correct               B
      vietti Section J9j(J)(b)(ii) CrPC would be affrac1ed only when
      the ojJences e11un1eratecl in the said 11rovision have been
      commitled with respect to a document ajier it has been
      produced or given in evidence in a proceeding in any court
      i.e. during the time when the document was in custodia leg1:s.
                                                                                c
      34. Jn the present case, the Will has been produced in the
      court subseq11e11//y. It is nob01~v :~ case that any offence as
      enumerated in Section 195(/)(b)(ii) was committed in respect
      to the said Will after if had been produced or filed in the
      Coun of District Judge. Therefore, the bar created by Section
      195(1)(b) (ii) CrPC would not come inlo play and there is no              D
      embargo on the po1i,er of the corm to take cognizance of the
      offence on !he basis of the complaint filed by the respondents.
      The view taken by the leC1med Additional Sessions Judge C111d
      the High Court is pe1fectly correct and cC1ils for no
      interj'erence.,,                                                          E
       9. Reverting to the facts of the present case, present is a case
where letter dated l 0.04.1992 is claimed to be a forged letter not signed
by appellant. From the materials on record, it is clear that the said letter
dated ] 0.04.1992 was filed before the Court on 27.04.1992 in Case No.
2/84. There is no case that forge1y was committed after the letter was          F
filed in the Court. Thus, provision under Section 195(l)(b)(ii) Cr.P.C.
was not attracted. A perusal of the Final Report which was submitted by
Inspector, Police Station Kotwali, it is clear that the Inspector after
conducting an investigation ultimately concluded that in view of Section
195(1 )(b)(ii) Cr.P.C. Police cannot investigate the matter. The Final Report
is filed as Anncxure P.4. A perusal of which also indicates that the            G
Inspector, obtained the Original Letter dated l 0.04.1992 from the Case
No. 2/84 and had sent writing of the undisputed script and specimen
script of appellant to handwriting expert and opinion was obtained that
signatures of S.K. Shanna on letter dated 10.04. 1992 was forged.
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220             SUPREME COURT REPORTS                         [2017] 11 S.C.R.


A             l 0. After the remand by Revisional Court on 01.05.2000, the Chief
      Judicial Magistrate in his order dated 12.03.2003 again relied on Section
      195( I )(b )(ii) Cr.P.C. for coming to the conclusion that cognizance cannot
      be taken. Criminal Revision was filed against the said order before the
      Revisional Court and Revisional Court vide its judgment dated 21.07 .2003
      has decided the issue of Section 195( I )(b)(ii) Cr.P.C. The Revisional
 B
      Court held that the provisions of Section 195(1 )(b)(ii) Cr.P.C. arc not
      attracted. The Revisional Court vide its order dated 21.07.2003 set
      aside the order of Subordinate Court and directed the Subordinate Court
      to pass a fresh order in accordance with law after considering the
      evidence on file on merit. Subsequent the order passed by the Rcvisional
c     Comt, matter was not carried on any further for the accused. Thus, the
      issue of Section 195(1)(b)(ii) Cr.P.C. came to an end in favour of the
      appellant. The order of Chief Judicial Magistrate dated 20.06.2009 as
      well as the Revisional Court dated 22.07.2011. does not rely on Section
      195(l)(b)(ii) Cr.P.C. for rejecting the Protest Petition of the appellant.
      Thus, the submission on the basis of Section 195( l )(b)(ii) Cr.P.C. arc
D
      not relevant for deciding the present appeal. In fact submission raised
      on behalf of the complainant pertaining to non-applicability of Section
       195( 1)(b)(ii) Cr.P.C. has been accepted by the Courts below as already
      noted above. Thus, no benefit can be availed by appellant on the strength
      of above submission.
 E
             11. The Chief Judicial Magistrate in his order dated 20.06.2009 as
      well as the Rcvisional Court has considered the material on record and
      came to the conclusion that no pri111aj£1cie case is made out against the
      accused that he has committed any forgery or played any fraud in forging
      th<' document. The Chief Judicial Magistrate has also referred to the
 F    Rcpoit No. 37/97. The Revisional Court also after considering all the
      submissions of appellant have dismissed the Revision on merits. It is
      useful to refer to the following observations ofRcvisional Court:
            ..According to the aforesaid offensive elemenls !he Revisionist
            during the course of investigation in his statemen/s recorded
 G          under Section 161 Cr. P.C. has onZv stated that Ravi Selia in
            order to play fraud prepared !he letter by commitling forger;\
            whereas the Junior Accounlanl Alar Singh in the office of the
            Revisionist has slated during his statements dated 19.05.1992
            that the alleged letter dated 10.04.1992 has not been
            dispatched by him, rather it has been dispatched by the
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SENIOR MANAGER (P&D), RIICO LTD. v. THE STATE OF                               221
      RAJASTHAN & ANR. [ASHOK BHUSHAN, J.]

      Assistant Employee Raghuvir Singh. In this way in the context A
      of the writing ~[said lette1; it was necessary to send the writing
      of the Class JV Employee Raghuvir Singh to the Handwriting
      Expert at FSL. Further. the FSL in its Report No. 37197 dated
      31.01.1998 has given this conclusion that the specimen
      signatures ~f the Revisionist and disputed signat11res 11pon B
      matching mark Q-1 and Q-2 have been stated to be forged
      one. But in this conclusion it has also been mentioned that it
      has not been established as to these signatures are of whom
      and these signatures would have made by Ravi Selia. In this
      way letter the letter dated 10.04.1992 would have prepared
      by the Respondent No. 2 in a forged manner, at this stage, it c
      has not become clear in any manner. Therefore, at this stage,
      there is no ground available for taking cognizance against
      the Respondent No. 2 under Section 467, 468 and 471 l.P.C."
        12. The above orderof the Revisional Court was challenged before
the High Court and High Court also came to the conclusion that no D
evidence is available on record to suggest that letter dated I 0.04.1992
wi\s prepared by Respondent No. 2. The High Court held that no illegality
can be found in the order ofRevisional Court. Although, the Final Report
was submitted as noted above on the ground relying on Section
l 95(l)(b)(ii) Cr.P.C. but before submitting the report investigation was
conducted by the Inspector. Police Station Kotwali and the materials E
colh!ctcd during the investigation were all referred to in the Final Report.
Holding that the Section 195(1 )(b)(ii) Cr.P.C. is not attracted in the present
case, the Revision al Court vide its judgment dated 21.07 .2003 has directed
the court below to pass an order in accordance with law on the basis of
evidence available. Hence, the Chief Judicial Magistrate looked into the F
materiml on record and came to conclusion that there are no sufficient
material for taking cognizance against the accused.
       J3. High Court also took the same view, in which we do not find
any infirmity. In view of the forgoing discussion, we do not find any
merit in tihis appeal. The appeal is dismissed, accordingly.                   G


Divya Pandey                                               AppeaJ dismiss~d.