S.196(c) CrPC
dev kapoor
(Querist) 21 June 2011
This query is : Resolved
Under what circumstance a Court can refuse to issue process in a complaint lodged by a private person (not a Court)w.r.t forging a deed by an individual & use it for cheating,misappropriation or breach of trust etc? Please cite some decided cases or illustrations in order make me understand the scope of the provision.
Thanks & warm regards.
Ajay Bansal
(Expert) 22 June 2011
See a judgement of five judes of Supreme Court of India, issued in Criminal Appeal No. 402 of 2005, titled as Iqbal Singh v/s Meenakshi Marwah,reported in 2005[2] Recent Criminal Cases-page 273.This judgement says that private complint is not barred in such matters as detailed by you. Show this judgement to court.
Shrichand Nahar
(Expert) 22 June 2011
Shri. Ajay Bansal has correctly opined.
The case law of Iqbal singh is attached for your ready reference.
dev kapoor
(Querist) 22 June 2011
I have been through the five judges bench ruling.This is the most appropriate citation on the issue.I extend my wholehearted Thanks to Mr.Bansal & Mr.Srichand for providing material of immense assistance on my question.Plz keep up !
Thanks again & Regards.
