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4. In support of the revision, it was contended by the learned counsel for the petitioner that on a bare perusal neither the F.I.R. nor the charge-sheet contains allegation of commission of any of the alleged offences by the petitioner. It has simply been alleged that the petitioner used a forged High School Certificate for the purpose of securing higher education and employment. In the charge-sheet it has been alleged that said forged High School Certificate was issued by the Board of Secondary Education, Orissa. It has not been alleged that either the petitioner herself committed forgery of the certificate or she had knowledge that the High School Certificate was not genuine. Referring to statutory provisions under the I.P.C. and judicial pronouncements it was submitted that fraudulent or dishonest intention being the most essential ingredient to constitute offences of cheating and forgery, it is incumbent upon the prosecution to place materials before the court to prima facie satisfy that it is the petitioner who committed such offences with the requisite intention or mens rea. It was strenuously argued that no material has been placed in court by the investigating agency to remotely suggest that the petitioner used forged High School Certificate as genuine intentionally with the knowledge that the Certificate is not genuine. It was further submitted that it is not disputed that the petitioner was born in the year 1956. Therefore, in the year 1972 when the disputed High School Certificate was issued the petitioner was a minor girl of less than sixteen years. In absence of any material on record that the petitioner had any role in forging the certificate, criminal proceeding against her for alleged commission of offences of cheating, forgery and use of forged document as genuine would amount to acting on the basis of presumptions not available in law. Even if for the sake of argument it is assumed that High School Certificate of the petitioner is a forged document, materials on record do not justify subjecting the petitioner to a criminal proceeding. Even if F.I.R., charge-sheet and entire materials on record are taken on their face value, no case is made out against the petitioner to have committed any of the alleged offences. Therefore, criminal proceeding against the petitioner is liable to be set aside.

"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 sever years, and shall also be liable to fine."

10. The following ingredients constitute offence under Section 468 of the I.P.C.:-

             (1)      The document is question is forged,

             (2)      Accused forged the document, and

             (3)      Accused forged the document intending that the

                      forged document would be used for purpose of

                      cheating.

            (1)    The document is a forged one,

            (2)    Accused used the document as genuine,

            (3)    Accused knew or had reason to believe that it

                   was a forged document, and

            (4)    Accused used it fraudulently or dishonestly,

                   knowing or having reason to believe that it

            was a forged document.

15. Offence of forgery has been defines under Section 463 of the I.P.C. which reads:

"Forgery. - Whoever makes any false documents or false electronic record or 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."

"Fraudulently".- A person is said to do a thing fraudulently if he does that thing with intent to defraud but not otherwise."

19. In the present case, gravamen of allegations is forgery of High School Certificate purported to have been issued to the petitioner by the Board of Secondary Education, Orissa for the purpose of cheating. Therefore, under the facts, in order to attract implication of the petitioner for commission of offence under section 468 of the I.P.C. it has to be prima facie shown that it was the petitioner who forged the High School Certificate intending that the forged document would be used for the purpose of cheating. Prosecution has to place materials to indicate that the petitioner forged the document with intention to cheat. Offence of cheating as defined under section 415 of the I.P.C. requires essential element of deception as well as fraudulent or dishonest inducement by the accused. While analyzing the provisions under sections 420 and 415 of the I.P.C. it has been pointed by the Supreme Court in Inder Mohan Goswami & Anr. -vs- State of Uttaranchal & Ors.: AIR 2008 Supreme Court 251 that it is the intention which is gist of offence of cheating. Similarly, it has been pointed out by this Court in Muralidhar Satpathy -vs- State of Orissa: 2007(I) OLR 611 that guilty intention is an essential ingredient of the offence of cheating. In order to constitute offence punishable under section 420 of the I.P.C., intention to deceive should be in existence at the time when inducement was offered. Forgery as defined under section 463 of the I.P.C. requires that making of any false document must be with intent to cause damage or injury or with intent to commit fraud. As provided under section 464 of the I.P.C. making of a false document for the purpose of forgery must be with dishonest or fraudulent intention. Section 471 of the I.P.C., providing for punishment for the offence of using of forged document as genuine, postulates that the accused knew or had reason to believe that it was a forged document and also that accused used it fraudulently or dishonestly. User of a forged document dishonestly or fraudulently shall arise only when accused uses the document with intention of causing wrongful gain or wrongful loss or to defraud.