Indian Kanoon - Search engine for Indian Law

20. In present case, both ingredients, i.e. 'dishonestly' or 'fraudulently', which are necessary for 'cheating' and 'cheating by personation', are missing. For absence of essential ingredients for 'cheating' and 'cheating by personation', there cannot be punishment for cheating under Section 419 IPC.

21. Section 468 IPC provides punishment for 'forgery for the purpose of cheating', whereas Section 471 provides punishment for 'using a forged document or electronic record as genuine'. For commission of offence under Section 468 IPC, there must be 'forgery' which has been defined in Section 463 IPC. The essential ingredient for commission of 'forgery' is that document or part thereof should be made with intention 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. In present case, intention, as required under Section 463 IPC, is absent and, therefore, petitioner cannot be said to have committed forgery. As discussed supra ingredient for terming the act of petitioner as cheating is also absent. Therefore, in absence of 'forgery' .