1992 P Cr (PLP)

Abdul Hameed, appellant, stands convicted under section 468, P.P.C. for wrongfully showing the amount of cheque NoA/10/9884 dated 19‑12‑1975 as Rs.40,630 instead of correct figure Le. Rs.60,630 by the learned Special Judge (Anti‑Corruption, Sargodha, vide his order, dated 6‑1‑1987.

2. Since after hearing the learned counsel for the parties, I feel inclined to set aside the conviction and sentence of the appellant on a shot legal point, so I need not set out the facts in detail and enter into the merits of the case. I find that the allegations against the petitioner that he made wrong entry in A Accounts Book of Market Committee, Faisalabad, if accepted at its face value, does not constitute forgery as defined under section 463/464, P.P.C. The relevant provisions of law maybe produced conveniently:‑‑ "Section 463.‑‑‑ Whoever makes any false document or part of a document, with intent to cause damage or injury, to the public or to any person, or to support any claim or title, or to cause any person to part with property, or to enter into any express or implied contract, or with intent to commit fraud or that fraud may be committed, commits forgery." Section 464.‑‑‑ A person is said to make a false document‑‑ First.‑‑‑ Who dishonestly or fraudulently makes, signs, seals or executes a document or part of a document, or makes any mark denoting the execution of a document, with the intention of causing it to be believed that such document or part of a document was made, signed, sealed or executed by or by the authority of a person by whom or by whose authority he knows that it was not made, signed, sealed or executed, or at a time at which he 'knows that it was not made, signed, sealed or executed; or Secondly.‑‑‑ Who, without lawful authority, dishonestly or fraudulently, by cancellation or otherwise, alters a document in any material part thereof, after it has been made or executed either by himself or by any other person, whether such person be living or dead at the time of such alteration; or Thirdly.‑‑‑ Who dishonestly or fraudulently causes any person to sign, seal, execute or alter a document, knowing that such person by reason of unsoundness of mind or intoxication cannot, or that by reason of deception practised upon him, he does not know the contents of the document or the nature of the alteration." Since in the instant case, the entry was not made with the intention of causing it to be believed that such entry has been made, signed or executed by another person or by whose authority he knows that it was not made, so the main ingredient of an offence punishable under section 468, P.P.C. i.e. forgery, having not been proved, the conviction of the appellant under section 468, P.P.C. cannot sustain.

3. For what has been said above, this appeal is accepted and the appellant is acquitted of the charge. He is on bail. He stands discharged of bail bond. SA./A‑1366/L Appeal accepted.