Law: Criminal Procedure Code (V of 1898)

Section: 476

Law: Penal Code (XLV of 1860)

Section: 471

Law: Penal Code (XLV of 1860)

Section: 464,465

Law: Penal Code (XLV of 1860)

Section: 471

Law: Criminal Procedure Code (V of 1898)

Section: 476

(a) Criminal Procedure Code (V of 1898)------S. 476---Penal Code (XLV of 1860), S. 471---Procedure in cases mentioned in Section 195---Using as genuine a forged document--- Scope--- Petitioner filed application under S. 476, Cr.P.C., against the respondents---Respondents, in their pre-arrest bail application, had took the plea that they had paid off entire amount to the petitioner in the presence of arbitrator and had placed on record the compromise deed, which was signed by the arbitrator---Arbitrator appeared before the court and stated that he had not signed the compromise deed---Validity---Name of the person who had thumb-marked and signed the compromise deed was not mentioned therein nor his CNIC (Computerized National Identity Card) was mentioned---Name of the arbitrator was not known nor was it mentioned in the order sheet---Nothing was available on record to show that the arbitrator was present before the court, therefore, there was nothing to show that he had knowledge of the fact that it was not a genuine document---Offence under S. 471, P.P.C., was not made out and there was no reasonable chance of respondents conviction---Application was dismissed. (b) Penal Code (XLV of 1860)----S. 471---Using as genuine a forged document---Scope---Essential ingredients of S. 471, P.P.C. are fraudulent or dishonest use of a document as genuine and knowledge or reasonable belief on the part of the person using the document that same is a forged one. (c) Penal Code (XLV of 1860)----Ss. 464 465---Making a false document--- Forgery--- Scope--- Person bringing into existence a document, bearing a certain date, but brought into existence on a later date, by antedating it, or having forged signatures or thumb impressions of the executants of the documents or having different contents from the admitted document is guilty of the offence of forgery under S. 465, P.P.C. (d) Penal Code (XLV of 1860)-----S. 471---Using as genuine a forged document---Scope---Section 471, P.P.C., applies not only in cases where the document has been given in evidence, but also in cases where it has been produced---Ambit of the word produced is very wide, and includes documents filed or presented,…

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