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2) Whether the prosecution proves beyond all reasonable doubt that accused has created false documents and surrender of Lease deed and Special Power of Attorney and produced the surrender of lease deed before Sub-Registrar office and got registered the same with fraudulent intention for cheating and thereby committed the offence punishable under Sections 465, 468 of IPC and Section 82 of Registration Act?

17. Fourth allegation made against the accused is that special power of attorney and surrender lease deed are fake documents.

a) Complainant has deposed that according to the Memorandum of Understanding-Ex.P92 accused had agreed to continue the business with complainant company, complainant never issued special power of attorney to anybody else accused put to signatures of the complainant on all pages of the special power of attorney-Ex.P263, accused had signed as both lessor and lessee on surrender lease deed-Ex.P98. It is unnatural that complainant company giving such special power of attorney for cancellation of lease deed. This act done by the accused with dishonest intention to avoid pending payments. Accused continued the business with complainant company till filing FIR i.e., 11.03.2015.

b) Complainant has deposed that when they obtained the certified copy of the lease deed from Sub-Registrar Office it was noticed that accused signed lessor and lessee using forged special power of attorney. Upon obtaining certified copy of the special power of attorney they came to know that it is a fabricated

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- 27 CC-15934/2015 document because they never issued any power of attorney. Sub- Registrar has only given photo copy of the special power of attorney he has not produced receipt regarding the payment of fee and date when obtained the special power of attorney and surrender lease deed. A reading of the evidence of the complainant it can be said that complainant obtained photo copy of the special power of attorney and certified copy of the surrender lease deed. Photo copy of the special power of attorney and surrender lease deed are produced before the court. Investigating Officer failed to secure the handwriting expert report pertaining to alleged fabrication of the special power of attorney and surrender lease deed. As such, prosecution failed to prove that special power of attorney and surrender lease deed are bogus documents.

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- 34 CC-15934/2015 maintain the daily accounts of purchase sale and storage of Auto LPG and thereby, violated the order. So, the offences punishable under Rule 3 and 7 of Liquefied Petroleum Gas (Regulation of UPSC in Motor Vehicle) order 2001 is not made out. There are no acceptable evidence pertaining to mis-utilization of the auto gas and forgery of special power of attorney and lease surrender deed, cheating and tampering with property mark with intent to cause injury. There are also no cogent evidence regarding creation of fake document i.e., lease surrender deed. Prosecution is failed to prove the offences alleged against the accused from the evidences brought on record. Hence, I record findings on Point No.1 to 6 in the NEGATIVE.