Forgery -- Non-Production of Original Document -- Not a ground for discharge or quashing
(i) Indian Penal Code, 1860, S.471 -- Forgery -- Non-Production of Original Document -- Prosecution can prove the charge through other evidence at trial -- Finding of forgery without the original document requires evidence that excludes all reasonable doubt -- Whether the charge is proved is decided after evaluation of the entire material at trial. (ii) Code of Criminal Procedure, 1973, S.227 -- Discharge -- Missing Original Document Alleged to be Forged -- Court cannot sift evidence as in a mini-trial at the stage of discharge -- Charge must be framed where the material raises grave suspicion against the accused -- Investigating agency may place additional documents before the trial court later, with its permission. (iii) Code of Criminal Procedure, 1973, S.482 -- Quashing of Proceedings -- Successive Challenge on Same Ground -- Ground rejected earlier by Division Bench between the same parties cannot be raised afresh before a Single Judge -- Issue estoppel applies where the same issue was distinctly raised and finally decided earlier.
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