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17. It is also evident from paragraph 9 in the complaint that number of civil suits, writ petitions and other proceedings were pending before the various Courts as well as before the Registrar of Society on the date the complaint came to be filed.

18. In the cause-title, the complainant described himself as life member and ex-President of Lakshmi Vidyalaya. From the witness-box he has stated that he is the President of Lakshmi Vidyalaya. From these complaint averments referred to and the sworn statement of the complainant, it is evident that the management of the society has been taken over by a parallel managing committee of the petitioners and that they have taken possession of all the account books, cheque books, seals, and other property belonging to the society and they were operating the Bank accounts of the said society and that they were collecting the fees and depositing the same by opening accounts in different banks, they were drawing those amounts and they also drew the amount from the accounts opened by the Lakshmi Vidyalaya in different banks. By so doing, according to the complainant, they have committed various criminal offences such as forgery, making false documents, using false documents and using counterfeit seals because they have used the letter heads of Lakshmi Vidyalaya, the seals of Lakshmi Vidyalaya the visiting cards of Lakshmi Vidyalaya etc. Copies of such correspondence, extracts of Bank Accounts, letters written by the petitioners are got produced and referred to as incriminating documents. There is no material to show as to who exactly forged the documents and the date of the alleged offence.

19A. The offences alleged are in respect of wrongful restraint, assault, forgery, making false documents and using counterfeit seals and forged documents for committing aggravated offences of forgery.

19B. With regard to allegations of wrongful restraint, no process appears to have been issued and there is no grievance made out by either of the parties and therefore it is not necessary to go into the allegations constituting the offence of wrongful restraint. Similar is the case with regard to assault and hurt under Sec. 323, IPC. There are no specific details in respect of the time and place of committing those offences and the learned Magistrate appears to have rightly concluded in not issuing process in that behalf.

20. The major offences complained are forgery, making false documents and using counterfeit seals which are aggravated forms of forgery. Forgery is defined in Section 463, IPC as under :-

"463. Forgery :- Whoever makes any false document or part of a document with intent to cause damage or injury, to the public or to any person, or to support any claim or title, or to cause any person to part with property, or to enter into any express or implied contract, or with intent to commit fraud or that fraud may be committed, commits forgery."

27. The dispute between the rival groups is of civil nature and the parties should not be allowed to agitate such disputes in criminal courts.

28. The complaint averments are very clear that the complainant was the Ex. President and as stated by him in paragraph 5 of the complaint the entire management of the society has been taken over by the petitioners. Therefore it was the group of petitioners who were managing the Lakshmi Vidyalaya. They were carrying on the administration and were looking after the affairs of the institution by writing letters, by drawing cheques by operating accounts in the bank by signing their names on behalf of Lakshmi Vidyalaya. Such acts are done by the petitioners in their own rights and not in somebody else's name or on behalf of somebody else who is really in charge of the management of the Lakshmi Vidyalaya. Therefore these acts do not come under the definition of making a false document punishable for forgery and its aggravated forms. Even the seals used which are contended to be counterfeit seals, there appears to be no prima facie case because as contended in paragraph 5 of the complaint, including account books, cheque books, furniture and other belongings of the society were taken over by the petitioners and hence the same will not make out a case of offences under Sections 467, 472 or 471, IPC when the petitioners used the seals of Lakshmi Vidyalaya and signed their names as office bearers of Lakshmi Vidyalaya. If the documents are made and signed by the petitioners under their own authority and if the petitioners represented themselves as persons incharge of the Lakshmi Vidyalaya, it cannot be said that they are guilty of making the false documents and using the same in the name of Lakshmi Vidyalaya rendering themselves liable for punishment for the offences registered against them.