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Court Cannot Take Cognizance Of A Private Complaint Against Notary Public For His/Her Official Acts: Kerala HC

The Kerala High Court has observed that no court shall take cognizance of any offence committed by a notary public in exercise or purported exercise of his functions under the Act except upon a complaint in writing made by an officer authorised by the Central Government or a State Government by a general or special order in that behalf. Justice MR Anitha observed thus while quashing a charge sheet filed against a Notary Advocate accusing her of aiding a person to make a forged power of attorney as original. The Court said that the bar under Section 13 of Notaries Act is mandatory and if no such protection is granted to a notary it will be difficult for them to perform their acts as contemplated to be done as a notary.