Indian Kanoon - Search engine for Indian Law

9. In the facts projected, I am unable to accept the contention of the learned Public Prosecutor that the offence under Section 465 or 468 of the IPC would be attracted.

10. The forgery is defined under Section 463 of the IPC. The basic elements of forgery are:

"1) The making of a false document or part of it, and

2) Such making should be with such intention as is specified in the Section viz.,

13. Section 468 of the IPC refers to a special case of forgery in which the document is made subservient to cheating which is the main purpose of the accused. To attract the said offence, it has to be shown (1) that the document in question is forged (2) that the accused was the person who forged it and (3) that in forging it he intended that it shall be for the purpose of cheating.

14. Having scrutinized the allegations, I find that none of the aforesaid circumstances are made out in the instant case. No one has a case that the petitioners herein had made a false document with intent to cause damage or injury. All that he did as an entrepreneur is to set up a website and offered tickets to persons who were interested in watching the event by sitting on a houseboat. The tickets sold by the petitioners online cannot be used by the purchasers to enter the pavilion or the galleries erected for the purpose by the NTBRS. The said ticket cannot be regarded as a false document as defined under Section 464 of the IPC and the act committed by the petitioners cannot by no stretch of imagination be categorized as an act of forgery. No one has a case that the petitioners have deceived any person fraudulently or dishonestly or that they had induced any one to deliver any property to any person. In that view of the matter, it is not possible to attribute any intention of cheating which is a necessary ingredient for the offence under Section 468 of the IPC.