Complaint must plead primary facts for forgery and conspiracy; bare assertions cannot justify cognizance or process.
For cognizance on a complaint alleging forgery and criminal conspiracy, the pleading must disclose primary facts constituting the offences; a bare assertion that documents were forged or that a conspiracy existed is insufficient. A document is not false merely because its contents are untrue, unless it falsely speaks to its execution or authorship. As the complaint did not set out the foundational facts needed to support the inference that the documents were forged in the pleaded manner, the prima facie case failed and the proceeding was quashed.
Issues: Whether the complaint disclosed, on its face, facts constituting offences of forgery and criminal conspiracy so as to justify cognizance and issuance of process against the petitioners.
Analysis: The allegations were examined in the light of the provisions defining conspiracy, forgery and false document. A document does not become false merely because its contents are untrue; it must speak falsely about its own execution or authorship. Although the complaint alleged that two documents were not made on the dates appearing on them, the pleading did not set out the basic facts and materials from which that inference arose. A Magistrate can take cognizance only when the complaint contains facts constituting the offence, not a bare conclusion. The Court found that the complaint lacked the requisite foundational facts to support the allegation that the documents were forged in the manner pleaded.
Conclusion: The complaint did not disclose a prima facie case for the alleged offences, and the cognizance and process were not justified.
Final Conclusion: The proceeding was quashed as the complaint failed to supply the essential factual basis for the alleged forgery and conspiracy.
Ratio Decidendi: For cognizance on a complaint, the pleading must disclose the primary facts constituting the offence; a mere assertion that a document is forged or that a conspiracy exists is insufficient unless the complaint sets out the factual foundation showing how the offence is made out.
TaxTMI 
AI Drafter ✕
TaxTMI 
