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Criminal Miscellaneous No. 330/Q of 1976, decided on 19th May 197,

‑‑ S. 468/471 read with Criminal Procedure Code (V of 1898). S. 561‑A‑Forgery‑Quashment of criminal proceedings‑Petitioner, accused of supplying incorrect and inflected figures regarding produc tion capacity of his factory and capital investment with a view to influence loan granting authorities of Small Industries Corporation‑ Contention that no case of forgery was made out and petitioner at best was liable for attempted cheating‑Contention, held, correct‑Proceedings quashed, in circumstances.-----[Quashment of criminal proceedings]. [Forgery].

Muzaffar Qadir for Petitioner.

Khalilur Rehman Ramdey, A. A: G. for the State.

This is an application by Muhammad Siddique under section 561‑A, Cr. P. C. for the quashment of the proceedings under sections 468 and 471/511, P. P. C. pending against the petitioner in the Court of the Special Judge. The allegation against him is that in his application for loan to the Small Industries Corporation he gave incorrect figures, showed inflated capital and gave incorrect and inflated figures as to the production capacity of his factory, with a view to influence the authorities incharge of sanctioning loan to sanction the loan applied for by him.

2. The learned counsel for the petitioner contended that making false or incorrect entries in a register or document do not amount to forgery as defined in sections 463 and 464, P. P. C. In support of this he relied on Ali Akbar v. The State (P L D 1968 Dacca 519).

The learned Assistant Advocate‑General (6) conceded as to the correctness of this legal contention but submitted that the allegations against the petitioner disclose an offence under section 420/511, P. P. C. (attempt to cheat), because the relevant officers of the Small Industries Corporation would have relied on the incorrect facts and figures supplied by the petitioner with regard to the capital investment of the production capacity of his factory. It is only such data which is taken into account by the authorities for considering the desirability of advancing loan to the applicant industrialists. He submitted that the learned trial Magistrate had erred in striking off the charge under section 420, P. P. C. and charging him under sections 468, 471 and 511, P. P. C. instead.

4. I am inclined to agree with the learned Assistant Advocate‑General. The application is, therefore, accepted and the proceedings against the petitioner under sections 468 and 471/511, P. P. C. are, therefore, quashed.

It is, however, open to the learned trial Magistrate to amend the charge and try the petitioner for the offence made out against him. It is also open to the State to make proper application in that respect, if so advised. Copy to the learned trial Magistrate.

Order accordingly.

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