- (1.) This appeal was argued at great length because of the wide divergence of judicial opinion that centers round Ss. 195 and 476, Criminal P. C. The question is about the validity of a complaint made against the appellant for perjury and for using a forged document as genuine in the following circumstances.
(2.) The second respondent Amar Singh filed a civil suit against the appellant for recovery of a large sum of money on the basis of a mortgage in the Court of Mr. E. F. Barlow, a Subordinate Judge of the First Class. The appellant filed a receipt which purported to show that Rs. 35,000 had been paid towards satisfaction of the mortgage (but whether in full satisfaction or part is not clear), and in the witness box he swore that he had paid the money and was given the receipt. Mr. Barlow held that the receipt did not appear to be a genuine document and that the appellant's evidence was not true. According he passed a preliminary a decree against the appellant for the full amount of the claim on 15-3-1950 and a final decree followed in 15-7-1950. There was an appeal to the High Court but that was dismissed on 9-5-1951. The High Court also held that the receipt was a very suspicious document and but the appellant's evidence was not reliable.
(3.) The plaintiff then made an application in the Court of Mr. W. Augustine, who is said to have succeeded Mr. Barlow as a Subordinate Judge of the first class, asking that a complaint be filed against the appellant under Ss. 193 and 471, Penal Code. But before it could be heard Mr. Augustine was transferred and it seems that no Subordinate Judge of the first class was appointed in his place; instead, Mr. K. K. Gujral, a Subordinate Judge of the fourth class was sent to this area and he seems to have been asked to decide the matter. But as he was only a Subordinate Judge of the fourth class he made a report to the District Judge that he had no jurisdiction because the offences had been committed in the Court of a Subordinate Judge of the first class. The District Judge thereupon transferred the matter to the Senior Subordinate Judge, Mr. Pitam Singh, and that officer made the complaint that is now under consideration.;