respondent-accused
finding him guilty for the offence under Section 468 , Indian Penal Code [' IPC ' and/or 'the Penal
Code ... property] and Section 468 [Forgery for purpose of cheating] of the Indian Penal
Code [ IPC ]. As per Section 420 , whoever cheats and thereby
Babu Miya @ Bodiuzzuma, ILR 7 Cal 352.
5. Assailing the legality of the conviction and sentence under Section 468 IPC, two-fold arguments ... executes', 'signed', 'executed' ?" (The Anglo-Indian Codes, Vol I page 269).
21. The Calcutta High Court in Pramatha
against accused No. 2, Arvind Kumar Sharma u/s 468 IPC,
d) against accused No. 3, Vijay Dayal u/s 420 IPC ... section 467 and 468 IPC, and
e) against accused No. 4, K.V. Juneja u/s 468 IPC.
The accused persons
Mukesh Aggarwal for offence punishable u/s
420 / 468 / 120-B IPC stating therein that a company namely
Nanda Devi Builders ... Sunil Guglani (supra), a complaint was
filed u/s 156 (3) Cr.PC for registration of FIR alleged the
petitioner has fabricated a notice purported
herein, has been
chargesheeted for committing offence punishable under
Section 420 , Indian Penal Code (45 of 1860) (hereinafter
referred to as " IPC ... charge-sheeted for committing the offence
punishable under Section 420 , the Indian Penal Code.
4. After perusing the record, cognizance was taken
accused respondents is not sustainable under Section 465 of
the Indian Penal Code, 1860 [hereinafter ‘ IPC ’].
2. The case of the prosecution giving ... under
Section 464 of the Code. If what is executed is not a
false document, there is no forgery. If there is no
forgery, then
Meaning of 'false document' and 'forgery'- Indian
Penal Code ... prosecuted under sections 120 B, 419, 467 and
468 of the Indian Penal Code . Both the accused were
acquitted by the Sessions Judge. The State
Sections 465, 467, 471 and
120B read with Section 34 of Indian Penal Code on
Annexure-1 complaint filed by the second
respondent, evidenced ... have created any
false documents as provided under Section 464 of
Indian Penal Code and even if assignors of the
documents have no title over
under Section 464 of the Code. If what is executed is not
a false document, there is no forgery. If there is no forgery, then ... forgery, then neither section 467 nor section 471of the Code are
attracted.
Section 420 IPC
18. Let us now examine whether the ingredients
document within the meaning of Section 29 of the Indian Penal Code.
13. Mr. P.C. Khanna, learned Counsel appearing on behalf of the complaint ... thus will amount to an offence of forgery under the Indian Penal Code .
15. Mr. Khanna, also laid great emphasis on the conduct
