( 1 ) THE present application for leave to appeal is directed against an order of acquittal by the Magistrate. It is submitted that the complaint was under sections 420 I. P. C. , 423, 465 I. P. C. and connected sections. Before me it is now conceded that offence under section 420 I. P. C. not made out in view of the ingredients of that offence. It is, however, urged there is offence under section 423 I. P. C. and 465 I. P. C. duly made out.

( 2 ) THE complaint allegations regarding facts are that the accused persons entered into a conspiracy and accused person No. 1 sold certain property to other accused person under a fictitious sale deed while the property actually belonged to the applicant. I proceed to consider whether on such facts application of section 423 I. P. C. would be attracted. Reliance was placed upon the case of Lachhman Das v. Emperor. One of the necessary ingredients of the offence under section 423 I. P. C. is that the document by which transfer is made should contain any false statement relating to the consideration. It is not every false statements but false statement relating to consideration alone which will attract the application of secti