Document Fragment View

Matching Fragments

20. The present case is under Sections 467/468/420 of the Indian Penal Code.

21. Section 467 of the Indian Penal Code, lays down:-

"467. Forgery of valuable security, will, etc.-- Whoever forges a document which purports to be a valuable security or a will, or an authority to adopt a son, or which purports to give authority to any person to make or transfer any valuable security, or to receive the principal, interest or dividends thereon, or to receive or deliver any money, movable property, or valuable security, or any document purporting to be an acquittance or receipt acknowledging the payment of money, or an acquittance or receipt for the delivery of any movable property or valuable security, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Ingredients of offence. -- The essential ingredients of the offence under Section 467 are as follows:-
(1) Accused committed forgery;
(2) He did so by preparation of a forged document or electronic record in the manner provided in Secs.

463 and 464."

22. Section 468 of the Indian Penal Code, lays down:-

"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.

29. In the present case, there is no materials/evidence to prima facie show that the petitioners have forged the deed. It is the complainant's case that Saroj Mohan died prior to execution of the petitioners deed and an such it is forged. There is no materials to even prima facie show that the petitioners have forged it or even have any knowledge about it.

30. As the alleged commission of forgery by the petitioners is prima facie not apparent from the materials on record, the ingredient required for offence under Section 468 IPC (forgery for purpose of cheating) and Section 420 IPC (cheating and dishonestly inducing delivery of property) is also not present to make out a case against the petitioners for the said offence alleged.