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10. That now it is very clear that the accused persons despite having no right to the aforesaid property, have mortgaged the same dishonestly and has caused wrongful loss to complainant and wrongful gain to themselves. As these facts are akin to illustration (i) to see 415 IPC and as the complainant have given Rs.25.64 crores and have incurred substantial amount on development thereof, hence the accused persons have committed offence u/s 420 IPC. Further as the accused persons have created these documents of mortgage/charge which they were not authorized to create/execute and hence the accused persons have made false documents without authority and hence committed cognizable offence of forgery punishable u/s 465 IPC. Further, this making of false documents is in respect of valuable security, i.e., land and hence cognizable offence u/s 467 IPC has been committed. Further, this forgery is for the purpose of cheating. Hence cognizable offence u/s 468 IPC has been committed and further these false documents have been used as genuine and hence offence u/s 471 IPC have been committed.

7. That the accused persons have made/execute false documents of mortgage/charge without authority and hence committed cognizable offence of forgery punishable u/s 465 IPC.

8. That the accused persons made false documents in respect of valuable security, i.e. land and hence cognizable offence u/s 467 IPC has been committed.

9. That this forgery is for the purpose of cheating, hence accused persons have committed an offence punishable u/s 468 IPC and further these false documents, have been used as genuine and hence offence u/s 471 have been committed.

The ratio of this judgment squarely applied to the facts of this case.

66. Coming to the allegations of commission of forgery it would be relevant to take note of Sections 463 and 464 of IPC.

463. Forgery.

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.

69. Thus execution of a document without authority is not forgery. Reference made to illustration (h) of Section 464 would apply if only there is an antedating. The contention of the respondent that creation of mortgage was without any legal authority would be an aspect which is beyond the jurisdiction of the Police investigation and does not constitute an offence of forgery within the meaning of Section 463, 464, 465, 467 or Section 468 of IPC. Therefore, no case of forgery is made out. The Company has not created any false document of mortgage as defined under Section 463 IPC.