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20. The offences for which the accused persons have been charged with are Section 420/468/471/120B IPC. So broadly the offences for which the accused persons have been charged with can be divided in three categories i.e.

(i) cheating as punishable U/s 420 IPC,

(ii) forgery as punishable U/s 468/471 IPC and

(iii) criminal conspiracy U/s 120B IPC.

21. The first offence for which accused has been charged with is offence under Section 420 IPC. Before proceeding further with the factual position/findings qua commission of the offence U/s 420 IPC, it become STATE Vs. YOGITA KHATWANI & ANR FIR No. 380/2006 PS TIMARPUR PAGE NO. 7 / 18 inevitable to deal with the basic legal principle as enumerated u/s 420 IPC r/w Section 415 IPC.

28. The second set of offence for which the accused has been charged with are Sections 468/471 IPC. All these sections punish commission of forgery. Before starting the discussion on the commission of the offence U/s 468/471 IPC, it would be relevant to take note of Section 463 and 464 of IPC which defines commission of offence of forgery.

29. 463 IPC defines "forgery" which reads as under :­ Whoever makes any false documents or electronic record 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.

31. Basic ingredients of the offence under Section 468 and 471 IPC are that there should be forgery under Section 463 and forgery in turn depends upon creation of a false document as defined in Section 464 IPC.

32. Section 471 IPC reads as under :­

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].

33. Section 468 IPC provides:

"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."

34. To substantiate the commission of offence U/s 468 IPC, the prosecution was duty bound to prove the following ingredients :