forged
documents were used as genuine documents for availing
loans and there is cheating by personation as alleged.
Forgery alleged, as mentioned earlier ... before the State Bank of India as genuine documents for
availing loan.
16. Regarding the forgery in respect of the certificates
issued from
offence of forgery for the purpose of cheating punishable under Section 468 IPC, the offence of using the forgery document as genuine one punishable under
offence of forgery for the purpose of cheating punishable under Section 468 IPC, the offence of using the forgery document as genuine one punishable under
argued that
the petitioner alongwith his co-accused involved in forgery of
documents and production of surety bonds before the Court with fake
documents ... make
any complaint against him, there is no evidence regarding forgery of
documents and submission of surety bonds with fake bonds by the
petitioner
with a dishonest intention
made forgery document bearing No.2568 of 2020 dated 03.06.2020
with the help of A-9 and A-10 and illegally
ascertain as to who had
carried out the alleged forgery of the various documentation i.e.
membership registers, resignation letters, vouchers of refund of
money ... forgery.
75. There is nothing on record to show that any investigation
was conducted to ascertain when, where and how the alleged
forgery of documents
which reads as under:
"468. Forgery for purpose of cheating. - Whoever
commits forgery, intending that the document or
electronic record forged shall be used ... possession of some
documents.
2. The impugned documents are forged documents.
3. The accused forged these documents and the
forgery is for the purpose
Tripathi, that
they came to know about the forgery in documents of accused when the
bank guarantees were sent to PNB for verification ... evidence. Only the testimony of PW10/
complainant was material to prove forgery regarding documents in question.
However, since the testimony of said witness was incomplete
Chakraborty was also really
involved in committing of forgery of various documents
for the commission of forgery, cheating, etc pertaining
to this matter ... provides as under:-
''
468. Forgery for purpose of cheating --
Whoever commits forgery, intending that the
document forged shall be used for the purpose
forgery and in
order to prove forgery, one needs to look at Section 463 IPC which
defines forgery as creation of false document. Thus, creation ... documents is established on the basis of cogent evidence.
The absence of original documents also strikes at the root of the
allegation of forgery
