POLE CHAND Vs. HUKUM CHAND

JUDGEMENT

(1.) This revision petition has been filed by the defendant against the order dated 30-9-98 passed by ADJ Khairagarh whereby the trial Court has held that promissory note in question was admissible in evidence and stamps were properly cancelled.

(2.) Promissory note in question was with respect to the amount of Rs. 60,000/- which was payable on demand and it was executed on 2-8-94 allegedly by the defendant/petitioner. In the promissory note there were 10 stamps, each of 20 paisa, total worth being Rs. 2/-.

(3.) An objection was raised by the defendant by filing an application under Section 151 of the C. P. C. that stamps affixed on the promissory note were not cancelled as required under Section 12 of the Indian Stamps Act. It is also alleged that only one stamp was having the signature and on three other stamps one line was drawn. The line so drawn did not indicate the intention whether it was to cancel those stamps or otherwise. Hence the promissory note was not admissible in the evidence as a document because it was not executed in accordance with Sections 36 and 12 of the Indian Stamps Act.