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19. The offences for which the accused persons have been charged with are Section 420/468/471/120B IPC. So broadly the offences for which the accused persons have been charged with can be divided in three categories i.e.

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

(ii) forgery as punishable U/s 468/471 IPC and

(iii) criminal conspiracy U/s 120B IPC

20. The first offence for which accused has been charged with is offence under Section 420 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.

26. After going through the settled legal principals with respect to commission of cheating and coming to the factual matrix of the case, it is observed by the court that the prosecution has failed to prove that the accused persons conspired to cheat the complainant as the complainant was not able to be thoroughly examined and cross-examined.

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

STATE Vs. GHANSHYAM FIR No. 167/2008 PS CIVIL LINES PAGE NO. 8 / 16 Gaurav by Gaurav Goyal Date:

Goyal 2024.06.29 18:19:04 +0530

28. 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.

32. Section 468 IPC provides:

"468. Forgery for purpose of cheating. - 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."

33. To substantiate the commission of offence U/s 468 IPC, the prosecution was duty bound to prove the following ingredients :