Criminal Appeal (U/S) No.17 of 1998 **** Against the order, dated 16.09.1997, passed by Sri Sajjan Kumar Dubey, Judicial Magistrate, 1st Class, Chapra, in Complaint Case No. 1124 of 1993 **** Gauri Shankar Tiwari, son of late Data Ram Tiwari, of village Pratappur, P.S. Awtar Nagar, district Chapra (Saran) .. Appellant Versus 1. The State of Bihar 2. Sri Manna Tiwari, son of late Prahalad of village Pratappur, P.S. Awtar Nagar, district Chapra (Saran) .. Respondents **** For the Appellant .. Mr. Arun Kumar Tripathi, Adv. as Amicus Curiae For the State .. Mr. Parmeshwar Mehta, APP **** P R E S E N T THE HON’BLE MR. JUSTICE GOPAL PRASAD Gopal Prasad, J. Heard learned counsel for the appellant and the State. 2. This appeal is directed against the order of acquitted passed by Judicial Magistrate, 1st Class, Chapra in Complaint Case No. 1124 of 1993, by which he has acquitted the accused respondent for offence under Sections 323, 468 500 and 506 of the Penal Code. 3. The prosecution case is that the accused has written his name Mana Tiwari in place of Manna Tiwari and the appellant has executed sale deed in the name of Mana Tiwari instead of Manna Tiwari. The complainant claims that the accused is his cousin brother. 2 Six witnesses were examined in the case supporting the prosecution case. 4. The trial Court, taking into consideration the prosecution case and the evidence of the witnesses held that offence under Section 468 of the Penal Code is not made out as mere writing the name Mana in place of Manna does not come under the definition of false documents and held that the forgery is not established and disbelieved the prosecution story. The trial Court, further, took into consideration that parties are involved in civil and criminal litigations and, hence, acquitted the appellants of the charge. 5. Perused the evidence and the complaint. The allegation made specifically about creating a forged document with an allegation that the appellants executed deeds by mentioning his name as Mana Tiwari instead of Manna Tiwari and executed sale deed, with regard to mentioning the name does not come within the definition of forgery. It is not a case that a person has been impersonated and the evidence regarding assault does not inspire confidence and, hence, I do not find any merit to interfere with the finding of acquittal in this appeal. 6. This appeal is dismissed. ( Gopal Prasad, J. ) The Patna High Court, The 29th day of September, 2011, N.A.F.R., S.A.