2003 (4) TMI 47

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....Ward-I(2), Coimbatore, against the orders passed by the Judicial Magistrate No.2, Coimbatore, in Cr!. M. P. No. 1580 of 1998 in C. C. No. 305 of 1989 on his file, discharging the accused of offence under section 245(2) of the Code of Criminal Procedure. The circumstances under which the said order has come to be passed are as follows: "(a) The complainant filed a complaint against the accuse....

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.... and A-3 Susila Rajagopal were found. When each one of them was examined, Nalini denied having affixed her signature. Therefore, the present complaint has been filed alleging that the signature of Nalini has been forged and that the said document becomes a false document and producing a false document before the Income-tax Officer, for the purpose of taking action or giving false evidence is deeme....

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....s her signature, it cannot be said that she is not a partner. Even assuming that the signature of Nalini has been affixed by any other person, it cannot be said to be a forgery, unless Nalini says that she has not given any consent to that person to affix her signature, as revealed in illustration "K" of section 463 of the Indian Penal Code. But the statement recorded by the Income-tax Officer fro....