Private Complaint Is Not Maintainable For Fraud Played Upon Court: Madras HC Dismisses Plea Seeking FIR U/s. 156(3) Of CrPC
|The Madras High Court recently dismissed a Criminal Revision case filed challenging the order passed by the Judicial Magistrate, District Erode for dismissing a complaint under Section 156(3) Of Cr. P.C., as non-maintainable.
In the complaint by the Petitioner, it was alleged that the accused obtained an award from the Principal District Munsif Court by creating forged documents in order to grab the land of the Petitioner. The complaint was dismissed by the Judicial Magistrate with the observation that "the alleged fraud committed in the Court, hence, by invoking Section 340 Cr.P.C., action has to be taken, so, private complaint is not maintainable."
The Single Judge Bench of Justice V. Sivagnanam while upholding the order of the Judicial Magistrate observed that "There is no evidence that the accused created any forgery documents out of the Court. Executing unregistered settlement deed between the accused persons is per se no offence and they have not committed any forgery." The High Court also observed that "The acquisition based upon the document, they obtained Lok Adalat Award, which is a fraud played upon the Court. Therefore, the learned Judge rightly mentioned for the fraud played upon the Court, private complaint is not maintainable."
Advocate V. Subramanian along with Advocate S.P.Yuaraj appeared for Petitioner and Advocate N. Manoharan appeared for the Respondents while the State was represented by the Government Advocate R.Vinothraja.
Background: The father of the Petitioner executed a registered will that a portion of his property will go into the name of the Petitioner and his brother till and after the lifetime of his wife. After the death of his father, the petitioner, his mother, and his brother made a registered partition deed. Knowing this fact, the sister, of the Petitioner, along with her son made an unregistered gift settlement deed with the help of one advocate and based on that gift settlement deed, they filed a suit in District Munsif Court, against the Petitioner for declaration and injunction.
The matter got referred to Lok Adalat by colluding and the sister of the Petitioner got a Lok Adalat Award against which, the petitioner, his mother and his brother filed another case before the High Court to set aside the Award of Lok Adalat. The Madras High Court allowed the CRP and set aside the Lok Adalat award and also set aside the documents created in pursuance of the Award.
Since the sister of the Petitioner created forged documents in order to grab the land, the Petitioner filed the Criminal complaint before Magistrate which got dismissed by the impugned order. Being aggrieved by this, the Petitioner approached the High Court. It was submitted by the Petitioner before the High Court that the accused committed fraud against the petitioner by producing a forgery document before the Court and the documents have been forged out of the Court. Therefore, the petitioner has every right to give the complaint before the Judicial Magistrate, which is overlooked by the Court.
On the other hand, the Respondents contended that the order of the District Munsif Court was set aside by the High Court and the Court further directed to proceed further in the manner known to law. It was also added that at this stage, one cannot conclude that the documents have been fraudulently created, therefore, pleading to dismiss the criminal revision case.
Considering the submissions, the High Court observed that "While setting aside the Lok Adalat Award No.43 of 2020 dated 08.02.2020, by its order dated 20.07.2021 restored the suit in O.S.No.17 of 2020 on the file of the Principal District Munsif Court, Gobichettipalayam, Erode District, to proceed further in the manner known to law. Under these circumstances, there is no criminal element in filing the civil suit in O.S.No.17 of 2020 by the accused persons for declaration and injunction with regard to the disputed property. Therefore, the criminal complaint filed by the petitioner under Section 156(3) has no merit and the trial Court rightly dismissed the complaint."
The High Court accordingly dismissed the case.
Cause Title: V.K. Venkatachalam v. Vijayamoorthy and Ors.