would not apply where forgery of a document was committed
before the said document was produced in court. The revision
petition was accordingly allowed ... would be a strained thinking
11
that any offence involving forgery of a document if committed
far outside the precincts of the court and long
false entry
in the document and produced the said
-5-
WP.No.35391/2013
forged and false document as Document
no.1 along with ... even according to the petitioner (defendant no.1), the
alleged forgery of the document produced as document
No.1 in the suit was committed before
appellant would submit that even if
there was forgery in the documentation, it was not established
beyond doubt that these documents were accessible ... appellant to carry out the elaborate
replacement of the several documents and the forgery that is
alleged when it was momentary entrustment of the file
case on hand. As noticed supra, the alleged forgery
and creation of document, according to Respondent No.1,
has occurred anterior to the date ... allegation in the complaint is not that the forgery or
creation has occurred when the document was in the
custody of the court
other accused,
he had committed the offences of cheating, forgery and had
used forged documents as genuine.
In order to substantiate the case ... other accused is established nor the factum
of forgery and use of false documents is established. The trial
court has glossed over the significant failure
offences
punishable under the provisions of Indian Penal Code
16
regarding forgery, misappropriation, cheating, etc. The
investigation revealed that several agreements of sale said ... petitioners
having cheated various persons, siphoning of the amount,
fabrication of documents and forgery, criminal breach of
trust, misappropriation etc., are all in relation
forgery; Section 468 IPC provides
for punishment when forgery is committed for the purpose of
cheating; Section 469 IPC provides for punishment when
forgery ... herein have forged Ex.P24.
When the complainant has alleged forgery of document
by five accused (petitioners herein), the learned Magistrate
should have applied
falsification of
accounts, theft, misappropriation of funds, properties, forgery
13
of documents, phone tapping and other types of harassment,
since she was a lady
Police has instituted proceedings against the petitioners alleging
offences of forgery, falsification of documents etc., in relation
to the very controversy raised ... that the second
respondent and Joseph Tharakan have committed theft, forgery
and falsified documents and the contention of the second
respondent is that the petitioner
respondent herein is that wife having
made serious allegation of forgery and concoction of
documents against her husband, it was incumbent
upon her to prove ... husband in her
oral evidence in regard to the alleged forgery of
documents of BDA and being in the company of some
women.
23. While
