discuss here the
scope of Section 340 & 195 (1) (b) of Cr.P.C.
Section 195 (1) (b) of Cr.P.C. reads ... offence punishable under any of
the following sections of the Indian Penal Code (45 of
1860), namely, Section 193 to 196 (both inclusive
respect of offence under Section 420 IPC. The only
modification is required to add Section 120-B IPC in that charge ... offences under Section 467 / 468 / 471
IPC, it is imperative to know if there was forgery as defined in Section 463
IPC
complaint. The
accused persons have also been summoned U/s 468/471 IPC .
Section 463 IPC defines forgery. In order ... constitute forgery U/s
463 IPC , it is essential that the accused should have made a false
document and false document must have
attract the
provisions of Section 471 IPC. Reliance in this regard is placed on Section 464
IPC wherein according to learned ... under
Sections 463 and 464 IPC and punishable under Sections 471 and 474 IPC.
Sections 463 , 464 , 471 and 474 IPC
With regard to the allegations under Section 463 / 464 punishable under Section 465 IPC, the case of respondent No. 2 is that petitioners ... forgery and they have committed offence under Section 463 / 464 punishable under Section 465 IPC.
49. According to respondent
IPC. Those complaints were
purported to be filed under Section 340 Cr.P.C. read with Sec.
195 ... IPC within the meaning of Section 195(1)(b)(ii)
Cr.P.C. Section 463 IPC only defines the offence
framed charge under Section 420 / 34 of the Indian Penal Code and charge under Section 468 / 34 of the Indian Penal Code against the present ... Section 34 of the Indian Penal Code and in that event charge under Section 468 read with Section 34 of the Indian Penal Code
Section 464 IPC
which defines under what circumstances, a document is said to
be made falsely. A bare perusal of Section 464 IPC ... section clearly reveals that first
ingredient of Section 468 IPC is the commission of forgery i.e.,
as defined in Section 463 IPC
Section 464 IPC
which defines under what circumstances, a document is said to
be made falsely. A bare perusal of Section 464 IPC ... section clearly reveals that first
ingredient of Section 468 IPC is the commission of forgery i.e.,
as defined in Section 463 IPC
Indian Penal Code. Adverting to the
aforementioned sections of the Indian Penal Code , the learned
Counsel submits that a bare perusal of sections 463 ... Indian Penal Code takes life from section 463, which
defines forgery, and from section 464, which defines a false
document. The Hon'ble Supreme
