IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
THURSDAY, THE 14TH DAY OF MARCH 2019 / 23RD PHALGUNA, 1940
Crl.MC.No. 5397 of 2018
To attract the offence of forgery it has to be shown
(1) that the document in question is forged
(2) that the accused was the person who forged it and
(3) that in forging it he intended that it shall be for the purpose of cheating.
No one has a case that the petitioners have deceived any person fraudulently or dishonestly or that they had induced any one to deliver any property to any person – It is quite unfortunate that a person who was eking a livelihood by doing a legal business was arrested and remanded for sensing a business opportunity.
No offence under Section 71 of the Information Technology act, 2000 made out
Referred cases: Madhavrao Jiwajirao Scindia and Ors. v. Sambhajirao Chandrojirao Angre and Ors., [(1988) 1 SCC 692]
Janata Dal v. H.S. Chowdhary and Ors.,[(1992) 4 SCC 305]
Inder Mohan Goswami and Anr. v. State of Uttaranchal and Ors., [(2007) 12 SCC 1]
R. Kalyani v. Janak C. Mehta and Ors. [(2009) 1 SCC 516]