summon the
petitioners under Sections 465 and 471 IPC. Learned counsel contended that once
offence under Section 463 was not made ... could not have been summoned under Sections 465 and 471 IPC, is
devoid of merit. Section 463 IPC merely defines forgery
value, the same do not constitute offence of forgery defined under Section
463 IPC, therefore, no charge under Sections 467 and 468 IPC ... Singh.
The term forgery used in Section 467 and 468 IPC is defined
in Section 463 IPC. Section 463 IPC
summoning order
and issued process under Section 204 Cr.P.C. Admittedly,
the recourse to Section 202 Cr.P.C., which is mandatory in
nature ... that no case for offence under Section 420 IPC is made
out. An inspection of Sections 463 and 464 IPC would
should be described as in section 463 or punishable under section 471 , 475 or 476 of the Indian Penal Code .
(ii) Such an offence should ... cognizance of an offence described in Section. 463 or under Section 471 , 475 or Section 476 , IPC committed in respect of a document
Code or other law. Section 504 of Penal
Code."
Further on the issue of Sections 465 , 467 , 468 and 471 IPC ... committed under Section 463, implying that
ingredients under Section 464 should also be satisfied.
Therefore unless and untill ingredients under Section 463 are
satisfied
Manmohan Singh Johal vs State on 19 August, 1968
Equivalent citations: AIR1969P&H225, 1969CRILJ932, AIR
liable to be
prosecuted under appropriate sections of the Indian Penal
Code i.e. 120B, 406, 420,423, 463 ... made out in the facts of the present case.
Section 463 IPC reads as under:-
"463. Forgery
Whoever makes any false documents
amount to a forgery because one of the intents contemplated by Section 463 I.P.C. is that the false documents must be made with ... case that any of the other elements contemplated by Section 463 I.P.C. was present in this case.
Though the said judgment is based
therefore, qua him as well, the
ingredients of Section 416 were not fulfilled. Section 420 IPC provides for
punishment for cheating and dishonestly ... accused persons.
Section 465 IPC provides for punishment for forgery, which
has been defined under Section 463 IPC, which provides that
committed
under Section 463 , implying that ingredients under Section
464 should also be satisfied. Therefore unless and untill
ingredients under Section 463 are satisfied ... ingredients of the
offences punishable either under section 467 or section
471 of Penal Code. Section 467 (in so far as it is relevant
