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Showing contexts for: Forgery of document in Balendra Prasad Dwivedi vs The State Of Madhya Pradesh on 3 October, 2019Matching Fragments
5. On the other hand, learned G.A. as well as learned counsel for the respondent No.2 oppose the prayer and submits that there is sufficient material is available on the record for framing the charges for the aforesaid offences. The petitioner has deceived the complainant by receiving amount from LIC in the name of complainant as a LIC agent. He has also manipulated the documents and committed the offence of forgery. At this stage, this revision petition may not be allowed, petitioner may raise all the ground before the trial Court at appropriate stage of trial.
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.
471. Using as genuine a forged 1[document or electronic record].--Whoever fraudulently or dishonestly uses as genuine any [document or electronic record] which he knows or has reason to believe to be a forged [document or electronic record], shall be punished in the same manner as if he had forged such 1[document or electronic record]."
18. In the case of Sheila Sebastian Vs. R. Jawaharaj and another Etc. reported in 2008(2) Crimes 449 (SC), the Hon'ble Apex court held that the offence of forgery can not lie against a person who has not created or sign the document. Relevant para is also quoted as under:-
"19. A close scrutiny of the aforesaid provisions makes it clear that, Section 463 defines the offence of forgery, while Section 464 substantiates the same by providing an answer as to when a false document could be said to have been made for the purpose of committing an offence of forgery under Section 463, IPC. Therefore, we can safely deduce that Section 464 defines one of the ingredients of forgery i.e., making of a false document. Further, Section 465 provides punishment for the commission of the offence of forgery. In order to sustain a conviction under Section 465, first it has to be proved that forgery was committed under Section 463, implying that ingredients under Section 464 should also be satisfied. Therefore unless and untill ingredients under Section 463 are satisfied a person cannot be convicted under Section 465 by solely relying on the ingredients of Section 464, as the offence of forgery would remain incomplete.
19. On careful reading of above quoted provision and pronouncements of Hon'ble Apex Court, it is manifest that a charge of forgery can not be imposed on a person who is not the maker of the same. To convict the accused for the offence of the forgery it is imperative that a false document is made and the accused person is the maker of the same, otherwise, an accused person is not liable for the offence of forgery. The definition of false document is a part of the definition of forgery and both must be read together.