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Learned counsel for the revisionist further submitted that the allegations made in the complaint with respect to the offences punishable under Sections 465, 467, 468, 471 I.P.C. are vague and bare allegations which do not constitute or satisfy the ingredients of the said offences and the initiation of criminal process on the basis of such allegations amounts to miscarriage of justice and grave injustice to the revisionist.

He further submitted that the only allegation in the complaint with respect to the revisionist has been made by the complainant in paragraph 20 alleging that document dated 9.8.1982 is an outcome of forgery and the signature of Shri R.N. Ramanathan is forged. Under Section 463 I.P.C. forgery has been defined in which the intention to prepare a fraudulent document is sine qua non. The making of a forged document with an intent to cause damage or injury to any person or to support any claim is necessary for the offence of forgery. There is no such allegation that the revisionist made any false document with an intent to cause a damage or to support any claim. Making of a false document has been defined in Section 464 I.P.C. which is also not satisfied. There is no allegation that the revisionist dishonestly or fraudulently made the document dated 9.8.1982 with an intention of causing it to be believed that such document was made by the authority of a person by whom or by whose authority he knows that it was not made. Thus, it is clear that none of the ingredients of Section 463 or 464 I.P.C. are satisfied. So far as whether the document dated 9.8.1982 is a valuable security or it purports to be a valuable security or any legal right is created through it there is no such allegation in the complaint. So far as the Section 468 I.P.C. is concerned, the Magistrate has himself ruled out the offence of cheating.

The offences of cheating and forgery have been defined under Sections 415 and 463 of I.P.C. and the same read as hereunder:-

"415. Cheating.- Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to "cheat".

Section 465 of the Indian Penal Code provides that whoever commits forgery shall be punished with the imprisonment of either description for a term which may extend to two years or with fine or with both.

Essential ingredients of an offence under Section 471 I.P.C. are that the document should be forged by the accused and used by him as a genuine document knowing it to be forged or knowing or having reason to believe that it is forged and the accused has used it fraudulently or dishonestly. Section 471 I.P.C. provides whoever is convicted for having committed an offence under Section 471 I.P.C. shall be punished in the same manner as if he had forged some document or electronic record which means that the punishment upon conviction under Section 471 I.P.C. is the same which is prescribed under Section 465 I.P.C. for forgery i.e. two years or with fine or with both.