Allahabad High Court Upholds Summoning of Applicant for Forgery in Maintenance Proceedings

Court Dismisses Application to Quash Summoning Order, Citing Prima Facie Case for Using Forged Bank Documents

In a significant judgment, the Allahabad High Court, presided by Justice Vikram D. Chauhan, has dismissed an application under Section 482 of the Criminal Procedure Code, 1973, seeking to quash the summoning order against Gaurav Mehta. The order was issued by the Second Additional Chief Judicial Magistrate, Gautam Buddh Nagar, in connection with the submission of allegedly forged bank documents during maintenance proceedings.

The case, titled "Gaurav Mehta v. State of U.P.", revolves around allegations that Mehta submitted incomplete and forged bank statements in a maintenance case initiated by his ex-wife for their minor son. The court was presented with evidence suggesting that the bank statements, purportedly from ICICI Bank, were manipulated to exclude certain crucial financial entries, thereby misleading the court regarding Mehta's actual income.

The High Court meticulously examined the discrepancies between the bank statements submitted by Mehta in court and those obtained directly from ICICI Bank by the investigating officers. The court found significant omissions in the entries of the statements provided by Mehta, which were crucial for assessing his financial status in the maintenance case.

Justice Chauhan emphasized the importance of integrity in judicial proceedings, noting that the submission of forged documents undermines the judicial process's fairness and integrity. The court underscored that the applicant failed to demonstrate any lawful reason for the discrepancies in the bank statements, leading to a prima facie case of forgery under Section 466 of the Indian Penal Code.

The court also highlighted that at the summoning stage, the Magistrate's role is to ascertain whether there is a prima facie case against the accused, not to weigh the evidence meticulously or determine the likelihood of conviction. The judgment clarified that the existence of a prima facie case suffices for proceeding with the trial.

In addressing the applicant's contention that the summoning order was issued without proper application of mind, the court noted that the arguments on merits were duly considered and found sufficient material justifying the issuance of the summoning order.

The dismissal of the application marks a significant step in maintaining the sanctity of judicial proceedings and serves as a stern reminder against attempts to deceive the court. The court's decision ensures that the trial will proceed, providing an opportunity for the truth to be established through due process.

Bottom Line:

Presentation of a false or forged document in court, especially in proceedings like maintenance cases, undermines the integrity of the judicial system and constitutes an offence punishable under Section 466 of the Indian Penal Code.

Statutory provision(s): Indian Penal Code, 1860 Sections 463, 466, 464, Criminal Procedure Code, 1973 Section 482

Gaurav Mehta v. State of U.P., (Allahabad) : Law Finder Doc Id # 2819852