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29. For easy reference sections 467, 468, 471 I.P.C. are quoted hereunder:-

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 1[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.

30. On perusal of the impugned order dated 9.9.2021 passed by the Special Judge, Anti Corruption (C.B.I.), Central, Lucknow, it is simply stated therein that cognizance of offences under Section 201, 204, 420, 467, 468, 471 and 120-B I.P.C. read with Section 66 of the I.T. Act, 2000 is taken on the basis of oral and documentary evidences.

31. Before considering the allegations or facts prima facie constituting the offences under Sections 467, 468, 471 I.P.C. it would be pertinent to go into the definition of forgery as defined under Section 463 I.P.C. For easy reference Section 463 I.P.C. is quoted hereunder:-

"463. 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."

The essential ingredients of offence under Section 463 I.P.C. are-

(1) A person makes any document or part of a document.

(i) making of the false document or false electronic record, signs, seals or executes a document or part of a document.

(ii) making or transmitting any electronic record or part of any electronic record.

(iii) affixing any digital signature on any electronic record.

(iv) making any mark denoting the execution of a document or the authenticity of the electronic signature.

Section 467 I.P.C. contemplates forgery of documents 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 ........ to receive or deliver any money, movable property or valuable security ....... or receipt acknowledging the payment of money. Likewise who ever fraudulently or dishonestly uses as genuine any document or any electronic record which he knows or has reason to believe to be a forged document or electronic record.