AIR 1981 SUPREME COURT 1417 ::1981 Cri App R (SC) 168 ::1981 AllCriC 112 ::1981 SCC(Cri) 395 ::1981 (2) SCC 185 ::1981 83 Bom LR 233 ::1981 2 SCR 695

Supreme Court Of India

(From : Karnataka)*

Hon'ble Judge(s): S. Murtaza Fazal Ali, A. Varadarajan , JJ

(A) Penal Code (45 of 1860) , S.193, S.467, S.114— Accused abetting offence of forgery - Forged document not put in evidence against him in redemption suit against him - S. 193 not attracted - Complaint by Court as envisaged by Section 195 (1) (b), Cr. P.C. - Not necessary for prosecuting him under S. 467 r/w 114. Cr. As. 324 and 335 of 1973 dated 19-4-1974 (Kant), Partly Reversed.AIR 1923 Bom 105, Overruled. Criminal P.C. (2 of 1974) , S.195(1)(b)— In cases where in the course of the same transaction an offence for which no complaint by a Court is necessary under Section 195 (1) (b) of the Criminal P.C. and an offence for which a complaint of a Court is necessary under that sub-section are committed, it is not possible to split up and hold that the prosecution of @page-SC1418 the accused for the offences not mentioned in S. 195 (1) (b), Cr. P.C. should be upheld. But where an accused had abetted commission of forgery but the forged document was not produced in evidence in a suit against him, no cognizance could be taken against him under S. 193, Penal Code and therefore, S. 195 (1) (b) would not be attracted. The Legislature could not have intended to extend the prohibition contained in S. 195 (1), Cr. P.C. to the offences mentioned therein when committed by a party to a proceeding in that Court prior to his beco....