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6. The Court has carefully perused the case record and have heard arguments advanced by Ld. APP for the state as well as by Ld. Defence counsel.

7.Accused is indicted for offence u/s 420/467/468/471/120B/34 IPC which reads as under :

Section 420 IPC. Cheating and dishonestly inducing delivery of property. Whoever cheats and thereby dishonestly induces the person deceived to FIR No. 432/98 3 of 11 PS Tilak Nagar deliver any property to any person, or to make, alter or destory the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a terms which may extend to seven years, and shall also be liable to fine. Section 467 IPC. 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 devidends thereon, or to receive or deliver any money, movable property, or valuable security, or any document purporting to be an acquaittance 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.
Section 468 IPC. 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.
Section 471 IPC. 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 FIR No. 432/98 4 of 11 PS Tilak Nagar he had forged such document or electronic record. Section 120 B IPC. Punishment of criminal conspiracy.
"The essential ingredients to attract section 420 IPC are :
(i) cheating";
(ii) dishonest inducement to deliver property or to make, alter or destroy any valuable security or anything which is sealed or is capable of being FIR No. 432/98 5 of 11 PS Tilak Nagar converted into a valuable security; and
(iii) mens rea of accused at the time of making the inducement.

9. The term 'Forgery' has been defined in section 463 of IPC. Making forged document is defined in section 464 IPC. Forgery is the false making of any written instrument for the purpose of fraud or deceit. So fraud is an essential ingredient of forgery. The various elements and forms of forgery are elaborated in the IPC in provisions between sections 466 to 471 IPC, which prescribe varying terms of punishment depending on the severity of the effects of the forgery. Forgery or fraud are essentially matters of evidence which could be proved as a fact by direct evidence or by inferences from proved facts.