respondent that the issue of fraud will have to be decided or the issue of forgery ... will have to be determined, or the issue of want of consideration will have to be examined or the issue as to conspiracy will have
criminal breach of trust,
cheating, forgery, forgery of valuable security, will, etc. and
forgery for the purpose of cheating. For the sake of convenience
each ... which
are punishing sections for the offence of forgery, forgery of
valuable security, will etc. and forgery for the purpose of
cheating. This Court
that he has prepared the
will according to his instructions, induces Z to sign the
will. A has committed forgery.
(j) A writes a letter ... Section 467 in The Indian Penal Code :-
467. Forgery of valuable security, will, etc.--Whoever
forges a document which purports to be a valuable
security
been produced pertaining to commission of
forgery of valuable security or will, forgery is done for the
purpose of cheating using the forged document
criminal complaint has
been lodged against the plaintiff regarding forgery of the said
Will and the DCB police is investigating the same. It is also ... admitted fact
that entire controversy is relating to forgery of the Will and for
proper investigation of the criminal offence, it is but necessary
Will
has to prove the Will and so far as the present Will is concerned,
the entire execution of Will proceedings are shrouded with
suspicion ... absolutely not
concerned with the offence of committing forgery of the Will.
10. I have heard the learned advocates appearing for the
respective parties, perused
petitioner submits that the
case pertains to an allegation of forgery of a Will of one
Mahendrakumar Desai. It is submitted that on the basis ... aspect then the neat allegation made in the complaint about
forgery of the Will and hiding the same for a period of 15
years
annexing necessary documents and intimating that there has been no forgery in the Will and that Probate of the Will was obtained ... thought it proper that in view of allegation of forgery and mischief in the Will thorough police investigation is required, and as such, he passed
offence is disclosed the Court will
normally not interfere with the investigation into the offence
and will generally allow the investigation into the offence ... very exhaustively explained as to what will
constitute forgery. The ratio as propounded by the Supreme
Court in the said case squarely applies
relate to forgery of valuable security, Will etc; forgery for
purpose of cheating and using as genuine a forged document
respectively. It is no part
