Introduction:

In a significant ruling, the Karnataka High Court addressed the jurisdictional issue in a case involving forged documents submitted before a foreign court. The matter, titled “Palaniswamy Veeraraja & Others v. State of Karnataka & ANR,” saw a petition filed by the accused seeking to quash criminal proceedings initiated against them based on a private complaint. The complainant, Dr. Veerusikku Bommaiah Swamy, alleged that the accused, while operating a textile business in Bangalore, forged documents and submitted them before a US District Court. The accused contended that since the alleged offense occurred before a foreign court, criminal proceedings in Bangalore were not sustainable.

Arguments Presented:

Advocate S. Mahesh, representing the petitioners, argued that the alleged business dealings and document forgery occurred in the US, thereby falling under the jurisdiction of the foreign court. The petitioners contended that initiating criminal proceedings in Bangalore was unjustified and lacked legal basis.

Senior Advocate K.P.S Palanivel Rajan, representing the complainant, countered the petitioner’s argument by asserting that the forged documents were fabricated in Bangalore and subsequently presented before the US court. Therefore, the Bangalore court maintained jurisdiction over the matter, as the offense originated within its territorial limits.

HCGP Anitha Girish, representing the state, supported the complainant’s stance by highlighting that the documents were indeed fabricated in Bangalore and then transmitted to the US court. The government advocate argued that this action fell within the purview of Section 195(i)(b)(ii) of the Criminal Procedure Code (CrPC), allowing for the maintenance of a private complaint.

Court’s Judgement:

Justice K Natarajan, delivering the judgment, relied on the precedent set by the Supreme Court in the case of Iqbal Singh Marwah v. Meenakshi Marwah (2017). The court emphasized that the fabrication of documents in Bangalore and their subsequent submission before the foreign court justified the initiation of criminal proceedings in Bangalore. Referring to the provisions of the CrPC, the court upheld the maintainability of the private complaint and dismissed the petition seeking to quash the criminal proceedings.