Dr.Mcr.Vyas vs The Inspector Of Police on 6 August, 2014
Author: Aruna Jagadeesan
false document
as defined under Section 464 of the Code. If what is executed is not
a false document, there is no forgery. If there ... made any false
document or part of the document/record to execute mortgage
deed under the guise of that 'false document'. Hence, neither
forgery. While Section 466 deals with forgery of a public register kept by
a public servant and Section 469 deals with commission of forgery ... making of a false document under Section 464 IPC which is sine qua non for
the offence of forgery.
14.4. As the charge of forgery
having fabricated any Declaration Form or document. With regard to a document, which is alleged to have been forged, a person has to speak ... forgery. Further the document must have been examined by a Document Expert, he should have compared it with admitted documents and there should have been
false document as defined under section 464 of the Code. If
what is executed is not a false document, there is no forgery. If there ... under:
"463. Forgery - Whoever makes any false documents or false electronic
record or part of a document or electronic record with intent to cause
making of false document is essential. In this case, the petitioner/accused
did not make any false document and therefore, no case is made ... have made any false document or part of the
document/record to execute mortgage deed under the guise of that
‘false document’. Hence, neither respondent
forgery, forgery of a
public record, forgery of a valuable security, forgery for the purpose of
cheating, using forged document as genuine one, containing false ... made any false document or part of the
document/record to execute mortgage deed under the
guise of that 'false document'. Hence, neither
enter into
express or implied contract would amount to forgery. ‘Making false
document’ is defined under Section 464 of IPC. To attract Section ... order to cheat the defacto complainant, they created false
documents, committed forgery and also falsified the accounts. The 1 st
accused and the defacto complainant
forgery of document is a sine-quo-non.
The definition of forgery of document as per Section 463
IPC is that making any false document ... false document as defined
under Section 464 CrPC and since the document executed is
not a false document, the offence of forgery cannot be
established
with other accused and attempted for cheating,
cheating by personation, forgery, fabricated false
documents and used them as genuine and theft. So that
the prayer ... with other accused and
attempted for cheating, cheating by personation, forgery,
fabricated false documents and used them as genuine and
theft.
15. The Honourable Supreme