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Showing contexts for: Forgery of document in Pura Lodar vs Deputy Commissioner on 11 October, 2002Matching Fragments
"463. Forgery. - Whoever makes any false document or part of a document with intent to cause damage or injury to the public or to any person, or to support any claim or title, or to cause any person to part with property, or to enter into any express or implied contract, or with intent to commit fraud or that fraud may be committed, commits forgery."
11. Thus, to constitute "forgery" within the meaning of Section 463 IPC, the following ingredients must be established, namely, (i) the document or the part of the document must be false, (ii) it must have been made dishonestly or fraudulently within the meaning of the words as used in Section 464 IPC and (iii) it must have been made with one of the intents specified under Section 463 IPC (See AIR 1968 Mad 349 and AIR 1999 SC 1201 may be referred to).
13. The above definition of forgery, I may emphasize, shows that making of a false document or part of document with one of the intents mentioned in Section 463 will constitute forgery. In other words, unless the document, in question, is proved to be a false document or part of a false document, question of calling the document as a forged document will not arise at all.
14. What constitutes a false document has, however, been defined in Section 464 IPC, which is divided into three parts. A document has to fall into one of these three parts for making it a false document. In the case at hand, there is no dispute before me that it is the first part of the definition of Section 464 IPC, which is relevant for the purpose of this revision. The relevant portion of Section 464 IPC reads as follows :-
15. In short, the first part relates to the making, signing, sealing or execution of a document with the intention of causing it to be believed that such a document was made by the authority of a person by whom the maker knows that it was not made.
16. Making of false document is the soul of forgery. The expression "making a false document" is not to be understood in its literal sense. It has a special connotation in the IPC. The contours of the said expression stand delineated in Section 464 IPC, which defines a false document by descriptive enumeration of the processes by which it may be rendered false; but in every case, the falsity must affect a "document", which is defined in Section 29 IPC.
27. When a person gave an order for the printing of certain cash memo books of different Petrol Pumps, it may be his intention to use the printed forms of cash memo books for committing a fraud. However, for getting a cash memo book printed, he cannot be convicted of forgery, until one of the printed forms had been converted by him into a false document. The printed forms could be converted into a false document by the accused by making entry into the same showing the buying and/or selling of a certain quantity of petrol with the initial of a person issuing the receipt. However, in the present case, the acts, so indicated, we're not yet done, because the petitioner was caught, while he was taking the delivery of the cash memo books. Whether after so taking the delivery, the petitioner would have used the blank printed forms of the Cash Memo books for the purpose of converting the same into a false document is a matter of surmise and conjecture and the petitioner cannot be convicted on the basis of such surmises and conjecture. The petitioner could not have also been legally convicted with the aid of Section 511 IPC for an attempt to commit forgery until he had done some act towards making one of the cash memos a false document. Until a cash memo was converted into a false document, all that the. accused had done consisted in mere preparation for the commission of an offence, because the offence of forgery is committed only when a false document is made within the meaning of Section 464 IPC.