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"23. In view of the language used in Section 340, Cr.P.C.
the Court is not bound to make a complaint regarding
commission of an offence referred to in Section 195(1)(b),
as the Section is conditioned by the words "Court is of
opinion that it is expedient in the interest of justice". This
shows that such a course will be adopted only if the interest
of justice requires and not in every case. Before filing of the
complaint, the Court may hold a preliminary enquiry and
record a finding to the effect that it is expedient in the
interests of justice that enquiry should be made into any of
the offences referred to in Section 195(i)(b). This
expediency will normally be judged by the Court by
weighing not the magnitude of injury suffered by the
person affected by such forgery or forged document, but
having regard to the effect or impact, such commission of
offence has upon administration of justice. It is possible
that such forged document or forgery may cause a very
serious or substantial injury to a person in the sense that it
may deprive him of a very valuable property or status or
the like, but such document may be just a piece of evidence
produced or given in evidence in Court, where voluminous
evidence may have been adduced and the effect of such
piece of evidence on the broad concept of administration of
justice may be minimal. In such circumstances, the Court
may not consider it expedient in the interest of justice to
make a complaint. The broad view of clause (b)(ii), as
canvassed by learned counsel for the appellants, would
render the victim of such forgery or forged document
remedyless. Any interpretation which leads to a situation
where a victim of a crime is rendered remedyless, has to be
discarded."