Case Note & Summary
The applicant, Deepak Dilip Khivasara, a chartered accountant, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR No. 188/2013 registered at Pachora Police Station, District Jalgaon, for offences under Sections 420, 465, 467, 468, 471, 120-B of the Indian Penal Code, 1860, and Section 156(3) of the CrPC. The FIR was lodged by respondent no. 2, Vinodkumar Shantilal Jain, alleging that the applicant and others had forged records of service of agenda for meetings held on 17th February 2012 and 31st March 2012. The applicant was appointed as auditor on 19th May 2012 and accepted the appointment on 29th May 2012, well after the dates of the alleged forged documents. The court considered the submissions of the applicant's counsel that no offence was disclosed against the applicant as the allegations pertained to a period prior to his appointment. The court held that even if the allegations in the FIR were taken at face value, they did not make out a prima facie case against the applicant, as he could not have been involved in the preparation of forged agenda served on 15th February 2012. The court also noted that the applicant's only alleged act was mentioning in the audit report that the complainant was absent for four consecutive meetings, which did not constitute forgery. Consequently, the court allowed the application and quashed the FIR against the applicant.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - No Prima Facie Case - Allegations of forgery against auditor appointed after the alleged forged documents were created cannot be sustained as he was not in office at the relevant time. Held that FIR liable to be quashed (Paras 2-3).
Issue of Consideration
Whether the FIR against the applicant, a chartered accountant appointed as auditor, discloses any offence under Sections 420, 465, 467, 468, 471, 120-B of IPC and Section 156(3) of CrPC, warranting quashing under Section 482 CrPC.
Final Decision
The court allowed the application and quashed the FIR No. 188/2013 registered at Pachora Police Station against the applicant.
Law Points
- Quashing of FIR
- No prima facie case
- Forgery
- Auditor's liability
- Criminal Procedure Code Section 482
Case Details
2015 LawText (BOM) (06) 31
Criminal Application No. 393 of 2014
S.S. Shinde, A.I.S. Cheema
Mr. S.P. Shah (for applicant), Mr. A.V. Deshmukh (APP for State), Mr. Abhay Ostwal (for respondent no.2)
State of Maharashtra, Vinodkumar Shantilal Jain
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Nature of Litigation
Criminal application under Section 482 CrPC for quashing of FIR
Remedy Sought
Quashing and setting aside of FIR No. 188/2013 registered at Pachora Police Station
Filing Reason
Allegations of forgery and cheating in relation to service of agenda for meetings
Issues
Whether the FIR discloses any offence against the applicant, who was appointed as auditor after the alleged forged documents were created.
Whether the allegations in the FIR, taken at face value, make out a prima facie case for the offences charged.
Submissions/Arguments
Applicant's counsel submitted that the applicant was appointed as auditor on 19th May 2012 and accepted on 29th May 2012, after the dates of the alleged forged agenda (17th February 2012 and 31st March 2012), so he could not have been involved.
Applicant's counsel argued that even if allegations are taken as true, the applicant only mentioned the complainant's absence in the audit report, which does not constitute forgery.
Ratio Decidendi
An FIR can be quashed under Section 482 CrPC if the allegations, even if taken at face value, do not disclose any offence against the accused. Where the accused was appointed after the alleged forged documents were created, he cannot be held liable for those acts.
Judgment Excerpts
This application is filed praying therein for quashing and setting aside the F.I.R. bearing C.R. No. 188/2013 registered with Pachora Police Station against the applicant.
It is submitted that, even if the allegations made in the First Information Report are taken at its face value and read in its entirety, no offence is disclosed as against the applicant.
Procedural History
The applicant filed Criminal Application No. 393 of 2014 under Section 482 CrPC before the Bombay High Court, Bench at Aurangabad, seeking quashing of FIR No. 188/2013. The court heard the matter and delivered judgment on 23 June 2015.
Acts & Sections
- Indian Penal Code, 1860: 420, 465, 467, 468, 471, 120-B
- Code of Criminal Procedure, 1973: 156(3), 482
