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Showing contexts for: Forgery of document in K Munirathnam vs The State Of Karnataka on 22 January, 2021Matching Fragments
4. The main contention of the learned counsel for the petitioner is that the suit is also filed in respect of particular sale deed and the same is pending. When the civil suit is pending, there cannot be any parallel proceedings against the petitioner and it amounts to an abuse of process. The learned counsel in support of his contentions, relied upon the judgment of the Apex Court in the case of RAJESHBHAI MULJIBHAI PATEL AND OTHERS v. STATE OF GUJARAT AND ANOTHER reported in (2020) 3 SCC 794 and brought to the notice of this Court paragraph Nos.18 and 19 of the judgment, wherein the Apex Court has held that when there is a dispute with regard to the issue as to genuineness of documents, forgery of which was the basis of the criminal proceedings, was pending consideration in civil suit, FIR ought not to have been allowed to continue in the present case as it would prejudice the interest of parties and the stand taken by them in the civil suit. The learned counsel referring this judgment would contend that there cannot be separate parallel proceedings and if the criminal proceedings is continued, it amounts to an abuse of process, which leads to miscarriage of justice. The learned counsel would also submit that the FSL report is obtained based on the xerox documents and the same cannot be a basis to proceed against the petitioner.