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FIR No. 284/2005, PS Delhi Cantt. (CB)

11. The offence for which the accused has been charged with are Section 420/467/468/471/474 IPC. So broadly the offences for which the accused has been charged with can be divided in two categories i.e.

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

(ii) forgery as punishable U/s 467/468/471/474 IPC.

12. The first offence for which accused has been charged with is offence under Section 420 of IPC. Before proceeding further with the factual position/findings qua commission of the offence U/s 420 IPC, it become inevitable to deal with the basic legal principle as enumerated u/s 420 IPC r.w. Section 415 IPC.

FIR No. 284/2005, PS Delhi Cantt. (CB)

18. In the absence of any evidence, the Court is bound to give finding that prosecution has miserably failed to prove the commission of the offence U/s 420 IPC.

19. The second set of offence for which the accused has been charged with are Sections 467/468/471/474 IPC. All these sections punish commission of forgery. Before starting the discussion on the commission of the offence U/s 467/468/471/474 IPC, it would be relevant to take note of Section 463 and 464 of IPC which defines commission of offence of forgery.

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.

464 IPC defines "Making a false document" which reads as under:-

20. Basic ingredients of the offence under Section 467, 468, 471 and 474 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.

21. The Court shall now deal with the ingredients of Section 467 IPC.

Section 467 IPC reads as under:

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, moveable 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 moveable property or valuable security, shall be punished with imprisonment for life, or with FIR No. 284/2005, PS Delhi Cantt. (CB) imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.