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TYPE OF CRIMINAL OFFENCES CONCERNING RECOVERY
What Is Forgery ?

Forgery may be termed as the fraudulent making or alteration of a writing to the prejudice of another man's right. A person commits forgery if he:

  • 1. Makes any false document or any part of it,
  • 2. With an intent to:
    • cause damage or injury to the public or any person,
    • support any claim or title,
    • cause any person to part with property,
    • cause any person to enter into express or implied contract,
    • commit any fraud or that the fraud may be committed.

For Example: B, picks up a cheque on a banker signed by D, payable to bearer, but without any sum having been inserted in the cheque. B, fraudulently fills up the cheque by inserting the sum of ten thousand rupees. B, commits forgery.

Punishment
  • Whoever commits forgery shall be punished with imprisonment, which may extend to two years, or with fine or both.
  • Where the forgery is committed with intent to cheat then the punishment shall extend to seven years and will also be liable to fine.
  • Where there is fraudulent cancellation or destruction of the will, authority to adopt or valuable security, then the person committing such mischief shall be punished with imprisonment for life, or imprisonment which may extend to seven years, and shall also be liable to fine (Sect.477).
What Amounts To Cheating ?

Where there is delivery or destruction of any property or alteration or destruction of any valuable security resulting from the act of the person deceiving, then this section comes into force. It must be proved that the complainant parted with his property acting on a representation, which was false to the knowledge of the accused, and the accused, had an dishonest intention from the outset.

Under this section property does not necessarily mean having money value or market value. Even if the thing has no money value in the hands of the person cheated, but becomes a thing of value in the hand of person who may get possession of it, as a result of the cheating practiced by him, then also it would fall under the meaning of the term 'property'.

Punishment

Whoever cheats and dishonestly induces the delivery of property shall be punished with an imprisonment, which may extend to seven years, and shall also be liable to fine.

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