SHOMA G.MADAN Vs. KERALA STATE

JUDGEMENT

(1.) The petitioners, the accused in C.C.No.528 of 2018 on the file of the Judicial First Class Magistrate Court-I, Kodungallur, seek to quash the final report and all further proceedings in the Calendar Case. The facts leading to the registration of the crime and submission of the final report are as follows:-

(2.) The petitioners are alleged to have committed offences punishable under Ss. 465, 468, 471 and 420 read with Sec. 34 of the Indian Penal Code. They allegedly committed forgery for the purpose of cheating and used the forged document as genuine. Ss. 463 and 464 of IPC together define 'forgery'. Ss. 463 and 464 of IPC are extracted below:-

(3.) The foundation of the offences alleged is 'forgery'. The definition of 'false document' is a part of the definition of 'forgery'. Both definitions are interlinked to form the offence. On a reading of the ingredients of the offence of forgery, the following are essential:-