
BENGALURU: Karnataka HC refused to quash criminal proceedings initiated against a deed writer who has admittedly affixed his signature and seal on forged documents for agreement of sale of land worth crores of rupees.
The court noted that deed writers must be aware that they are functioning on the grant of a licence under the Karnataka Registration (Deed Writers' Licence) Rules, 1979, and certain duties are cast upon them.
"The submission of the petitioner's counsel that some advocate got him the document and he has, in good faith, affixed his seal, is neither here nor there. Merely because he is a deed writer, proceedings against him cannot be quashed, as the offence of forgery and using forged documents to be genuine, and criminal breach of trust by the petitioner are prima facie met. Therefore, investigation would be required," the court observed.
Justice M Nagaprasanna passed the order while rejecting the petition filed by Shekhar from Garadigarapalya in Doddaballapura taluk.
The court noted that the petitioner when he put his seal and sign on the disputed instrument, showed his qualification as Bachelor of Arts. Therefore, counsel cannot seek quashing of the entire proceedings against the petitioner.
Further investigation is required as the signature appears to be different in the General Power of Attorney and disputed agreement of sale, the court said.
Shekhar moved the high court, challenging the crime registered against him by Doddballapura Town police, based on the complaint by Venkat Ranjith Pattibandla of Electronics City, on charges of impersonation of the complainant and execution of an agreement of sale on forged documents.