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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.

"465. Punishment for forgery.- Whoever commits forgery shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
467. Forgery of valuable security, will, etc.- Whoever forges a document which purports to be a valuable security or a will, or an authority to adopt a son, or which purports to give authority to any person to make or transfer any valuable security, or to receive the principal, interest or dividends thereon, or to receive or deliver any money, movable property, or valuable security, or any document purporting to be an acquittance or receipt acknowledging the payment of money, or an acquittance or receipt for the delivery of any movable property or valuable security, shall be punished with [ imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
468. Forgery for purpose of cheating.- Whoever commits forgery, intending that the [document or electronic record forged] shall be used for the purpose of cheating, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
471. Using as genuine a forged [document or electronic record].- Whoever fraudulently or dishonestly uses as genuine any [document or electronic record] which he knows or has reason to believe to be a forged [document or electronic record], shall be punished in the same manner as if he had forged such [document or electronic record]."

463. Forgery.- [ Whoever makes any false documents or false electronic record or part of a document or electronic record, 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."

The essential ingredients to constitute an offence of forgery are that the accused must have made sign, sealed or executed a document or any part of it or made a mark denoting execution dishonestly or fraudulently with the intention of causing it to be believed that such document or part of document, electronic record or digital signature was made, signed, sealed, executed, transmitted or affixed by or any authority of a person by whom or by whose authority he knows that it was not made, signed, sealed, executed or affixed or who without lawful authority dishonestly or fraudulently by cancellation or otherwise alters a document or an electronic record in any material part thereof, after it has been made, executed or affixed with digital signature either by himself or by any other person whether either by living or dead at the time of such alteration or who dishonestly or fraudulently causes any person to sign, seal, execute or alter a document or an electronic record or to affix his signature or any electronic record knowing that such person by reason of unsoundness of mind or intoxication cannot, or that by reason of deception practised upon him, he does not know the contents of the document or electronic record or the nature of the alteration.