various offences, namely, breach of trust, cheating,
forgery, creating false documents, conspiracy etc. are alleged. As
stated above, though as per the FIR, through various ... variety of offences, namely, criminal
breach of trust, cheating, forgery, creating false documents,
conspiracy etc. are alleged. How and by adopting which mode and modus
which defines forgery, runs thus
"Whoever makes any false document or part of a
document with intent to cause damage or
injury ... established
before a fabricated document can be held to be a false
document or a forgery. In view of the terms of s. 463 what
side with a
corresponding loss to the other side. Every forgery
postulates a false document either in whole or in part.
S.468 IPC deals ... forgery with
a particular intent. In order to constitute forgery, the first
element is that, accused should have made a false
document. False document must
thus:
'470. Forged document or electronic record.- A false
document or electronic record made wholly or in part by forgery is
designated ... thus:
"463. Forgery.- Whoever makes any false documents or
false electronic record or part of a document or electronic record,
with intent to cause
false documents is not made out. For making out a case for creating a
false documents (1) one must have made or executed a document ... three ingredients exist in this
case. Therefore, the offence of forgery, making a false document and using
the forged document claiming
false documents is not made out. For making out a case for creating a
false documents (1) one must have made or executed a document ... three ingredients exist in this
case. Therefore, the offence of forgery, making a false document and using
the forged document claiming
petitioners-accused
dishonestly cheated him by impersonation, committed a forgery, prepared & used
the false documents as genuine for the purpose of cheating and deceived ... accused dishonestly cheated the
complainant by impersonation, committed a forgery, prepared & used the false
documents as genuine for the purpose of cheating and deceived
Code
"463. Forgery.-- [Whoever makes any false
documents or false electronic record or part of a
document or electronic record, with intent to cause ... make a
false document - Who dishonestly or fraudulently makes,
signs, seals or executes a document or part of a document
with the intention of causing
definition of forgery as whoever makes any false documents or false
electronic record or part of a document or electronic record, with intent
to cause ... false document elaborating
om the essentials of forgery by preparation of a document as:
A person is said to make a false document or false
forgery as creation of false document. Thus, creation of false
document is a prerequisite for establishing the offence of forgery.
26. Apart from ... creation of false document forms
the core ingredient of forgery and in the absence of the document alleged
to be false, no such allegation could