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1998 DIGILAW 623 (BOM)

P. M. Ramkrishnan & others v. Neelkanth Mahadeo Kamble & another

1998-11-17

D.G.DESHPANDE

body1998
JUDGMENT - DESHPANDE D.G., J.:---Heard Advocates Shri Rege for the petitioners and Shri Mundergi for respondent No. 1. The petitioners, who are the accused in the complaint/case filed by the respondent trustee through their trust, have filed this application, for quashing the order of issuance of process under sections 468 and 471 of the Indian Penal Code. Section 468 is about forgery for the purpose of cheating and section 471 is about using as genuine a forged document. Both these sections are governed by the definition of word "forgery" as given under section 463 of the Indian Penal Code and making of false documents with intent to cause damage or injury amount to forgery. As per section 463 of the Indian Penal Code the words "making a false document" have been defined in section 464. If the facts of the present case on the background of this definition are considered, then there is no alternative to hold that the complainant does not satisfy any of the requirements of section 463 of the Indian Penal Code. The complaint on basis of which the process has been issued, is filed on record page No. 120 Exhibit 4 and necessary allegations are to be found in paragraph No. 4 of the complaint, wherein it is alleged that accused No. 3 in connivance with others prepared a map which was totally false and incorrect and did not depict correct picture and this map was filed along with consent terms and on representation made by the accused the complaint was made to believe the map and prevailed upon in signing the compromise proceedings in Suit No. 190/88. This is the gist of the allegations made by the complainant in respect of the offence of forgery and on the face of it these allegations do not attract any of the ingredients of section 463 or section 464 of the Indian Penal Code. For all these reasons, the order of issuance of process is liable to be quashed. Hence the order:-- ORDER The petition is allowed. Rule is made absolute. Process issued against the petitioners under sections 468, 471 read with section 34 of the Indian Penal Code is quashed. Proceedings before the trial Court is dropped. Petition allowed. -----