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Showing contexts for: Forgery ipc in Brightstar Telecommunications India ... vs State & Anr on 25 September, 2025Matching Fragments
It is submitted that the Accused have done forgery of a blank signed cheques, which falls under the definition of "valuable security" as defined under Section 30 of the Indian Penal Code, hence the accused persons have committed a grave offence of forgery of valuable security under Section 467 IPC.
56. The Apex Court in Mariam Fasihuddin & Anr. Vs. State by. Adugodi Pulice Station& Anr, 2024 INSC 49, in regards to an offence under Section 468 has held as under:
"The offence of „forgery‟ under Section 468 IPC postulates that whoever commits forgery, intending that the document or electronic document 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. Whereas Section 471 IPC states that whoever fraudulently or dishonestly uses as genuine any documents which he knows or has reason to believe it to be forged document, shall be punished in the same manner as if he had forged such document."
The said forged documents have been knowingly, used by the accused persons as genuine, hence the accused persons have committed an offence Under Section 471 IPC."
57. The basis of these offences, is the act of „forgery‟ as defined in Section 463 of the IPC. The essential ingredient to establish the offence of forgery is the making of a "false document" with a dishonest intention to cause damage or injury. As has also been held by the Apex Court in Sushil Suri vs. Central Bureau of Investigation, the offence of forgery requires the preparation of a false document with the dishonest intention of causing damage or injury.
69. The primary ingredient for forgery of the making a false document is absent, offence under Section 463 is not prima facie established.
70. Consequently, the attendant sections must also fail. Section 468 IPC, which pertains to „forgery for the purpose of cheating‟, requires forgery as a precondition. Without establishing forgery, this Section cannot be attracted. Section 471 IPC, which punishes the act of fraudulently using a forged document as genuine, is also not applicable, as for this Section to apply; the user must know or have reason to believe that the document is forged. As the cheques were not forged documents to begin with, this offence is also not made out.