IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO.577/2009 Mrs.Lakshmmi Sayeed Applicant Vs. Mr.Aldrin Lobo & Ors. Respondents Mr.Ganesh Gole for the applicant Mr.Y.S.Shinde,APP for State CORAM: MRS.MRIDULA BHATKAR,J. DATE : 5th October,2009 P.C. Heard finally. . This Revision Application is filed challenging the order dated 18/8/2009 passed by the 4th Ad Hoc Additional Sessions Judge,Greater Bombay thereby setting aside the order of Metropolitan Magistrate dated 26/8/2008 issuing process against the respondents under section 469 r/w 34 of the Indian Penal Code. The complaint was made by the original complainant against the respondents that they have passed a resolution in the Special General Body Meeting dated 19/2/2008 and the said resolution is a forged document because it contends a wrong statement that Resolution no.B was passed pursuant to the proposal from the Hotel Corporation of India (HCI) .The learned counsel appearing for the complainant has pointed out Exh.D ,letter given by the HCI which discloses that the points a,b,c,d in the resolution were neither proposed nor seconded by any of the representatives of the H.C.I. and the H.C.I.has nothing to do with this matter. The learned counsel has 2 submitted that if the H.C.I.has not proposed any such subject , passing of resolution on such totally false facts amounts to forgery and this forgery was committed by the respondents with intention to harm the reputation of the applicant and therefore the order of issuance of process under section 469 r/w 34 of the Indian Penal Code passed by the Metropolitan Magistrate was just and legal and the order passed by the learned Sessions Judge is to be set aside. 2] In order to invoke section 469 of the Indian Penal Code one has to first fulfill the basic requirements of section 463 or 464 .Though the facts as stated above are accepted as true yet these facts do not fulfill the ingredients of the forgery contemplated under section 463 or 464 of the Indian Penal Code. The resolution was passed and signed in the General Body Meeting and nobody has fabricated or prepared this false document ,hence it is not a forged document. A particular document based on a wrong or false fact may not be necessarily a forged document itself. No need to interfere in the order passed by the learned Sessions Judge. Dismissed. (MRS.MRIDULA BHATKAR,J.)