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(i) cheating as punishable U/s 420 IPC,

(ii) forgery as punishable U/s 468/471 IPC

(iii) criminal conspiracy U/s 120B IPC and

(iv) causing disapperance of evidence U/s 201 IPC

36. The first offence for which accused has been charged with is offence under Section 420 IPC. Before proceeding further with the factual position/findings qua commission of the offence U/s 420 IPC, it become STATE Vs. JAI PAL SINGH & ORS. FIR No. 39/2002 PS A. C. BRANCH PAGE NO. 10 / 20 Gaurav by Gaurav Goyal Date:

43. The second set of offence for which the accused has been charged with are Sections 468/471 IPC. All these sections punish commission of forgery. Before starting the discussion on the commission of the offence U/s 468/471 IPC, it would be relevant to take note of Section 463 and 464 of IPC which defines commission of offence of forgery.

44. 463 IPC defines "forgery" which reads as under :­ Whoever makes any false documents or electronic record 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.

46. Basic ingredients of the offence under Section 468 and 471 IPC are that there should be forgery under Section 463 and forgery in turn depends upon creation of a false document as defined in Section 464 IPC.

47. Section 471 IPC reads as under :­

471. Using as genuine a forged [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 [document or electronic record].

47.1 As far as commission of the offence U/s 471 IPC is concerned, the Court has observed that the allegations against the accused persons is that they have forged the documents and used the documents as genuine documents.

48. Section 468 IPC provides:

"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 Gaurav Digitally signed by Gaurav Goyal Goyal Date: 2024.04.02 17:13:42 +0530 STATE Vs. JAI PAL SINGH & ORS. FIR No. 39/2002 PS A. C. BRANCH PAGE NO. 16 / 20 description for a term which may extend to seven years, and shall also be liable to fine."