Himachal Pradesh High Court Quashes Charges Against Notary Public in Forgery Case

Court Rules Cognisance Requires Authorized Complaint Under Notaries Act, 1952

In a significant ruling, the Himachal Pradesh High Court has quashed charges framed against Mahesh Chand Sharma, a Notary Public, in a case involving allegations of forgery related to attested affidavits. The judgment, delivered by Justice Virender Singh, underscores the necessity of a formal complaint by an authorized officer for the trial court to take cognisance of offences against a notary public, as stipulated under Section 13 of the Notaries Act, 1952.

The case originated from an FIR lodged by Charanjit Kaur, who alleged that her trucks were fraudulently transferred to Vivek Kumar through forged documents, purportedly facilitated by the attestation of affidavits by Sharma. However, the High Court emphasized that under Section 13 of the Notaries Act, cognisance of any offence committed by a notary in the exercise or purported exercise of their functions can only be taken upon a written complaint by an officer authorized by the Central or State Government.

The petitioner's legal team argued that the trial court had erred in framing charges against Sharma, as the complaint did not originate from an authorized government officer. Sharma, acting in his official capacity as a Notary Public, attested the affidavits involved in the transaction, which, as per the court, entitled him to protection under the Notaries Act. The court noted that the allegations against Sharma were based on his role in attesting documents, a function performed under statutory authority.

The High Court's decision to quash the charges reflects a strict adherence to the procedural requirements outlined in the Notaries Act, thereby reinforcing protections for notaries performing their official duties. This ruling not only provides relief to Sharma but also sets a precedent on the procedural safeguards that must be observed before prosecuting notaries for alleged misconduct.

The judgment has been hailed by legal experts as a reaffirmation of the importance of procedural compliance in the judicial process, particularly concerning professionals performing statutory duties. The court's decision effectively nullifies the proceedings initiated against Sharma, providing clarity on the legal requirements for prosecuting notaries under the Notaries Act.

Statutory provision(s):  

• - Bharatiya Nagarik Suraksha Sanhita, 2023 Sections 438 and 442  
• - Notaries Act, 1952 Section 13  
• - Indian Penal Code Sections 420, 467, 468, 471, and 34

Mahesh Chand Sharma v. State of H.P., (Himachal Pradesh) : Law Finder Doc Id # 2802586