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20. Mr. Bajwa further submitted that the FIR in the eye of law does not sustain as the original CD is not on record. On the basis of some copy no report regarding altering of CD can be given, the copy of CD was not recovered from the personal custody of the petitioner. Offence under Section 469, IPC. regarding forgery of CD for the purpose of harming reputation is also not made out for the simple reason that FIR completely fails to spell out allegations of forgery itself. And regarding, offence under Section 417, IPC. there is no allegation in the FIR that the petitioner used the CD.

41. I have also perused Section 465 of IPC. As referred by the Learned Counsel for the petitioner Section 465 deals with the 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. And after referring Section 465 of IPC. Learned Counsel for the petitioner tried to make out the case that the petitioner cannot be liable for forgery until and unless clear allegation against the petitioner is made out that the petitioner himself has fabricated/tempered with the electronic record. As evident by the reply submitted on behalf of the respondent and as not disputed by the respondent and the petitioner that the copy of the CD was handed over by the petitioner's Accountant Shri K.M. Sharrna in the office of Mahaka Bharat for which the petitioner has instructed him on telephone and the allegation can only be established after conducting the investigation.

42. Upon perusal of Section 468, IPC. as referred by the petitioner which contains 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. And Section 471 contains 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).