AIR 1967 MYSORE 59

Mysore High Court

Hon'ble Judge(s): B. M. Kalagate , J

Penal Code (45 of 1860) , S.467, S.468, S.471— Forgery - Using forged document is by itself an offence - Forger using forged document is punishable for both the offences - Non-compliance with court's directions for taking thumb impression of accused before a Magistrate does not vitiate trial when witnesses are produced to prove genuineness of thumb impression taken from accused. The act or acts which constitute the commission of the offence of forgery are quite different from the act of making use of a forged document. Making use of a forged document is not the same thing as forging a document. The act of using such a forged document is by itself an offence. Hence if a forger uses such a forged document, it will constitute an offence under Section 471 of the Penal Code. Section 471, thus covers not only some person other than a forger but also a forger who forges the document and then makes use of it. So, if a person, who is found guilty of the offence of forgery under S. 467 makes use of such forged document, then he can equally be punished under S. 471 also. AIR 1917 Mad 147 and AIR 1929 Mad 450 and (1913) ILR 35 All 63, Rel. on; (1900) ILR 23 All 84 and AIR 1925 Nag 440 and AIR 1926 Nag 137, Dist.; AIR 1958 Mys 150, Ref.(Para 12 19 21 31 33 34) ....