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(VI) The applicants and the other two accused had common intention to cheat the Government.

10. After having considered the aforementioned grounds in light of the pleadings and documents placed on record, it does not appear to us that any offence under Indian Penal Code, as alleged, would be attracted against the applicants. Even if it is assumed that, the in-put form is not correctly filled, that zone number is not mentioned and that incorrect market value is mentioned of the subject property, even then no offence can said to be 10 CRI.APPLICATION NO.4614/2012 made out by the applicants of using false document or of forgery.

11. To attract an offence under section 468 of Indian Penal Code, the following are the requirements.

(i) That, the document in question is a forgery;

(ii) That, the accused forged it;

(iii) That, in forging it he intend that it shall be used for the purpose of cheating.

12. The assertion of a false claim in a document does not constitute the document a false one. Mere inclusion of certain false recitals or particulars though may amount to making a false statement, does not amount to forgery. The mere fact that a document contains some false recitals or untrue statement would not make it a false document. A suit plaint or a written statement may contain certain averments which may be untrue, but such untrue statements in pleading or application would not be sufficient to make them forged documents. Similarly, the affidavit though supposed to contain only true statements may contain untrue statements. The deponent in such cases may perhaps be liable for other offences, but not the offence of forgery. Having regard to the definition of a false document under section 464 of Indian Penal Code, a document can be said to be forged only if it purports to be signed or sealed by a person who in fact never signed or sealed it.

14. To attract an offence under section 471 of Indian Penal Code, essential requirement is that, there should be a use of forged document. As discussed here-

in-above, none of the documents as alleged by the prosecution can said to be a forged document. When the preparation of a document does not amount to a forgery, the use of such document does not constitute as offence under this section.