The Allahabad High Court refused to quash criminal proceedings against a man accused of filing forged bank statements in a child maintenance case, holding that misleading courts with false documents is an insult to the majesty of law and undermines judicial integrity.
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UTTAR PRADESH: Allahabad High Court, in a significant ruling, has refused to interfere with a trial court’s decision to summon a man accused of filing forged bank statements in a child maintenance case initiated by his former wife. The Court held that submitting incomplete financial records while portraying them as genuine amounts to filing a false document and undermines the judicial process.
Justice Vikram D. Chauhan, in an order dated December 8, dismissed a petition seeking the quashing of criminal proceedings pending before an Additional Chief Judicial Magistrate, Gurgaon. The proceedings relate to alleged forgery under Section 466 of the Indian Penal Code (IPC).
The Court observed that the accused had filed a bank statement that omitted crucial entries but presented it as a “detailed statement” of ICICI Bank, without disclosing that it was only an excerpt of the original account statement.
Justice Chauhan emphasized that the missing entries were material in nature and could have had a direct impact on the maintenance claim made by the former wife on behalf of their minor son.
“The disputed document did not reflect all the entries of the statement of account of bank… however, it was presented as a detailed statement. Prima facie, the document was a false document,”
the Court held.
In strong words, the High Court underscored the importance of fair and complete disclosure by litigants, stating that filing forged or misleading documents is a direct assault on the integrity of the justice system.
“Filing of forged document before court of law gives an unfair advantage and disturbs the level playing field… Any attempt to prefer forged document before any court is to be construed as an insult to the majesty of law,”
the Court remarked.
Background of the Case
- The parties married in 2004 and separated in 2006
- Their marriage was dissolved by a divorce decree in 2007
- The wife filed an application under Section 125 of the Code of Criminal Procedure (CrPC) seeking ₹15,000 monthly maintenance for their son
In 2019, the trial court directed the husband to submit:
- Income tax returns (last three years)
- Bank account details
- Salary slips
- Details of movable assets
Based on the documents filed, the court awarded ₹15,000 per month as child maintenance.
Criminal Case for Forgery
During the pendency of maintenance proceedings, the wife lodged a criminal complaint alleging that the husband had forged bank statements. After the investigation, the police filed a charge sheet, and a court in Noida summoned the accused under Section 466 IPC.
High Court Rejects Defence Argument
The husband argued that:
- The bank statements were only excerpts
- There was no wrongful gain or loss since maintenance was awarded to the child
Rejecting this defence, the Court noted:
“The document nowhere mentioned that it was an excerpt. The heading itself described it as a ‘DETAILED STATEMENT’ with the ICICI Bank logo.”
The High Court clarified that whether the document was forged and intentionally misleading is a question of evidence, which must be examined during trial.
Holding that a prima facie case existed, the Court upheld the summoning order and dismissed the petition.
Appearance:
For the accused: Advocate Ishir Sripat
For the complainant: Advocate Anamika Chopra
For the State: Advocate OP Dwivedi
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