offence
under Sections 467 and 471 is forgery. The
condition precedent for forgery is making a false
document (or false electronic record or part ... made any false document or part
of the document/record to execute mortgage deed
under the guise of that “false document”. Hence,
neither Respondent
accused amounted to criminal breach of
trust by committing forgery/use of forged documents as well as offence
under the provisions of the Corruption ... trust.
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About the offence of forgery :
374. In order to constitute an offence of forgery the documents must be
made dishonestly or fraudulently
genuine loan but the evidence points to not only the
forgery of documents but also forgery of valuable securities,
falsification of the records and documents ... been found to be false and based on the forgery of the
various types of documents.
(g) In reply to the Para
genuine loan but the evidence points to not only the
forgery of documents but also forgery of valuable securities,
falsification of the records and documents ... been found to be false and based on the forgery of the
various types of documents.
(g) In reply to the Para
marked through maker of the document or through the witness concerned with those documents. Marking of these documents, through the Investigating Officer itself will ... Chief Manager(A7). He had no knowledge about any forgery document presented at the time of disbursement. This appellant has sanctioned loan on 06.01.2000, when
accused amounted to criminal breach of trust by
committing forgery/use of forged documents as well as
offence under the provisions of the Corruption ... trust.
xxxxxxxxxx
About the offence of forgery :
374. In order to constitute an offence of
forgery the documents must be made
dishonestly or fraudulently
Thereby the accused has committed breach of trust,
cheating, forgery and using the forged documents as genuine
document knowing very well that those documents ... with specific pecuniary
advantage received by accused by committing such forgery
of bank documents and would contend that, prosecution has
failed to prove the case
Thereby the accused has committed breach of trust,
cheating, forgery and using the forged documents as genuine
document knowing very well that those documents ... with specific pecuniary advantage received by
accused by committing such forgery of bank documents and
would contend that, prosecution has failed to prove the case
Using Of Forged
Documents As Genuine Documents
33. According to the Complainant, the Accused-1 to
6 committed forgery for the purpose of cheating ... false document, there is
nothing to show that as to who actually prepared that
document. As the Accused-5 has produced that document
for availing
opinion,
document Ex.PW2/H does not come within the category of "false
document" and therefore, allegation of forgery against ... prosecution is required
to prove that some forgery of documents was committed with the intention
to use the said forged documents for the purpose
