The learned Counsel also brought to my notice that under Section 13 of the Notaries Act, 1952 there is a legal bar for the Court to take cognizance of any offence committed by a Notary. The said provision reads thus :
"13. Cgnizance of offence.--(1) No Court shall take cognizance of any offence committed by a notary in the exercise or purported exercise of his functions under this Act save upon complaint in writing made by an officer authorised by the Central Government or a State Government by general or special order in this behalf. (2) No Magistrate other than a presidency magistrate or a magistrate of the first class shall try an offence punishable under this Act".
On perusal of the above said provision, if the allegation is made against a Notary that while executing the functions of a Notary or purported exercise of the functions under the Act, if any offence is committed no Court shall take cognizance unless a complaint in writing made by an Officer authorised by the Central Government or State Government by general or special order in this behalf. Therefore, the above said provision is also a legal and specific bar to take cognizance of the offence. The charge sheet allegations is that, the accused No.3 - the petitioner has notarized the said General Power of Attorney. Except the said allegations nothing has been stated how she has taken part in cheating the complainant or any other person.
Karnataka High Court
Smt.Ratna Gouda D/O. ... vs The State Of Karnataka on 5 June, 2014