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Penal Code · s 464

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s 464Making false document

A person is said to make a false document, who -

(a)

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 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;

(b)

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

(c)

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.

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(a)

A has a letter of credit upon B for $10,000, written by Z. A, in order to defraud B, adds a civher to the $10,000, and makes the sum $100.000, intending that it mav be believed

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a by B that'Z so wrote the letter. A has committed forgery.

(b)

A. without Z's authority, affixes Z's seal to a document purporting to be a conveyance of an estate from Z to A, with the intention of selling the estate to B, and thereby obtaining from B the purchase-money. A has committed forgery.

(c)

A picks up a cheque on a banker signed by B payable to bearer, but without any sum having been inserted in the cheque. A fraudulently fills up the cheque by inserting the sum of

$1 (3. A commits forgery.

(d)

A leaves with B, his agent, a cheque on a banker signed by A. without inserting the sum payable and authorised B to fill up the cheque by inserting a sum not exceeding $10,000

for the purpose of making certain payments. B fraudulently fills up the cheque by inserting the sum of $20,000. B commits forgery.

(e)

A draws a bill of exchange on himself in the name of B without B's authority, intending to discount it as a genuine bill with a banker, and intending to take up the bill on its maturity. Here, as A draws the bill with intent to deceive the banker by leading him to suppose that he had the security of B, and thereby to discount the bill. A is guilty of forgery.

fl Z's will contains these words: "1 direct that all my remaining property be equally divided between A, B and C'. A dishonestly scratches out B's name, intending that it may be believed that the whole was left to himself and C. A has committed forgery.

(

A indorses a promissory note, and makes it payable to Z or his order, by writing on the bill the words "Pay to Z or his order", and signing the indorsement. B dishonestly erases the words "Pay to Z or his order", and thereby converts the special indorsement into a blank indorsement. B commits forgery.

(h)

A sells and conveys an estate to Z. A afterwards, in order to defraud Z of his estate, executes a conveyance of the same estate to B, dated 6 months earlier than the date of the convevance to Z. intending it to be believed that he had conveved the estate to B before he a conv4ed it to Z.'A has coGmitted forgery.

fi) Z dictates his will to A. A intentionallv writes down a different legatee from the legat'ee named by Z, and, by representing to Z t6at he has prepared the will a&ording to his instructions, induces Z to sign the will. A has committed forgery.

0)

A writes a letter and signs it with B's name without B's authority, certifying that A is a man of good character and in distressed circumstances from unforeseen misfortune.

intending by means of such letter to obtain alms from Z and other persons. Here, as A made a false document in order to induce Z to part with property, A has committed forgery.

a

(k)

A, without B's authority, writes a letter and signs it in B's name certifying to A's character, intending thereby to obtain employment under Z. A has committed forgery.

B. L.R.O. 5 / 2 0 ]

198 CAP. 22

Penal Code inasmuch as he intended to deceive Z by the forged certificate, and thereby to induce Z to enter into an express or implied contract for service.

Explunation 1 -

A man's signature of his own name may amount to forgery.

Illustrations

(a)

A signs his own name to a bill of exchange, intending that it may be believed that the bill was drawn by another person of the same name. A has committed forgery.

(b)

A writes the word "accepted" on a piece of paper and signs it with 2"s name, in order that B may afterwards write on the paper a bill of exchange drawn by B upon Z, and negotiate the bill as though it had been accepted by Z. A is guilty of forgery, and if B, knowing the fact, draws the bill upon the paper pursuant to A's intention, B is also guilty of forgery.

(c)

A picks up a bill of exchange payable to the order of a different person of the same name. A indorses the bill in his own name, intending to cause it to be believed that it was indorsed by the person to whose order it was payable. Here, A has committed forgery.

(4 A purchases an estate sold under execution of a decree against B. B, after the seizure of the estate, in collusion with Z, executes a lease of the estate to Z at a nominal rent and for a long period. and dates the lease 6 months prior to the seizure, with intent to defraud A, and to cause it to be believed that the lease was granted before the seizure. B, though he executes the lease in his own name, commits forgery by antedating it.

(e)

A, a trader, in anticipation of insolvency, lodges effects with B for A's benefit, and with intent to defraud his creditors; and in order to give a colour to the transaction, writes a promissory note binding himself to pay to B a sum for value received, and antedates the note, intending that it may be believed to have been made before A was on the point of insolvency. A has committed forgery under the first head of the definition.

Explanation 2 - The making of a false document in the name of a fictitious person, intending it to be believed that the document was made by a real person, or in the name of a deceased person, intending it to be believed that the document was made by the person in his lifetime, may amount to forgery.

A draws a bill of exchange upon a fictitious person, and fraudulently accepts the bill in the name of such fictitious person with intent to negotiate it. A commits forgery.