offence under Section 467 and 471 is forgery. The condition precedent for forgery is making a false document....... A person is said to have made ... false documents" as defined under section 464 . If what is executed is not a false document, there is no forgery. If there
indulging into any kind of forgery or preparation of any document by committing forgery as such.
The nature of cause essentially is 'civil
case with regard to issuance of Ex.P16, author
of the document ie., Ex.P16 has to be examined ... helpful to the case of the prosecution case.
The documents do not disclose about the forgery of signatures
of the Principal NOVA Engineering College
same person. Therefore,
there is no question of forgery and falsification of documents by the
petitioner herein. In fact, now the entire investigation completed
complaint no doubt alleges financial fraud,
criminal conspiracy and forgery forging the documents for the
purpose of cheating against the petitioners. For this Court
never be said as a false document, as the same does not
come within the purview of the document prescribed under Section ... forge the said documents and that when the complainant confronted the
accused 1 and 2 about the said forgery, they abused
first informant and the investigation is going on, in which the alleged forgery by the applicant is yet to be established, without expressing any opinion ... handwriting expert in respect of the alleged forgery committed by him in the bank records and other documents with the following conditions:-
(i) the applicant
installation of ATM Centre of SBI. He
also denied the fabrication of forgery
of signature of the petitioner herein.
However, the learned counsel ... respondent received the entire advance
amount and he also possessed the
necessary documents.”
6.After that, there was no action on the side
said documents, respondent No.3 also
put his signatures. Later on, the complainant had some
doubt and made enquiries and he was told by
respondent ... respondents to grab the land of the complainant and
they committed forgery in order to commit the offence
of cheating."
After hearing learned counsel
Ramasamy vs The State Rep By on 7 November, 2019
Author: G.K.Ilanthiraiyan
Bench
