penal law should be interpreted so victim of crime is not rendered remedyless
In view of the language used in Section 340 Cr.P.C. the Court is not bound to make a complaint regarding commission of an offence referred to in Section 195(1)(b), as the Section is conditioned by the words "Court is of opinion that it is expedient in the interest of justice." This shows that such a course will be adopted only if the interest of justice requires and not in every case. Before filing of the complaint, the Court may hold a preliminary enquiry and record a finding to the effect that it is expedient in the interests of justice that enquiry should be made into any of the offences referred to in Section 195(i)(b). This expediency will normally be judged by the Court by weighing not the magnitude of injury suffered by the person affected by such forgery or forged document, but having regard to the effect or impact, such commission of offence has upon administration of justice. It is possible that such forged document or forgery may cause a very serious or substantial injury to a person in the sense that it may deprive him of a very valuable property or status or the like, but such document may be just a piece of evidence produced or given in evidence in Court, where voluminous evidence may have been adduced and the effect of such piece of evidence on the broad concept of administration of justice may be minimal. In such circumstances, the Court may not consider it expedient in the interest of justice to make a complaint. The broad view of clause (b)(ii), as canvassed by learned counsel for the appellants, would render the victim of such forgery or forged document remedyless. Any interpretation which leads to a situation where a victim of a crime is rendered remedyless, has to be discarded.
Supreme Court of India
Iqbal Singh Marwah & Anr vs Meenakshi Marwah & Anr on 11 March, 2005
Bench: R.C.Lahoti, B.N.Agrawal, H Sema, G.P.Mathur, P.K.Balasubramanyan
1. Leave granted in Special Leave Petition (Crl) No.4111 of 2000.
2. In view of conflict of opinion between two decisions of this Court each rendered by a bench of three learned Judges in Surjit Singh vs. Balbir Singh 1996 (3) SCC 533 and Sachida Nand Singh vs. State of Bihar 1998 (2) SCC 493, regarding interpretation of Section 195(1)(b)(ii) of Code of Criminal Procedure 1973 (for short 'Cr.P.C.'), this appeal has been placed before the present Bench.
3. The facts of the case may be noticed in brief. The appellant nos.1 and 2 are real brothers of Mukhtar Singh Marwah, while respondent
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