BHARATLAL Vs. JANG BAHADUR

JUDGEMENT

(1.) 1976 JLJ 235). As against this, learned counsel for the respondent submitted that the document is a promissory note and has been properly admitted in evidence in accordance with law. Bond, as defined u/s 2 (5) of the Stamp Act, means an under taking Lo pay a sum of money (not necessarily certain) to another person named in the instrument signed by the person giving the undertaking and attested by a witness. The full Bench of this Court in San/singh's case (supra) has clarified that a bond has two peculiar features, namely (1) it has to be attested by a witness; and (2) it must not be payable to onder or bearer. An against this, a promissory note, as defined u/s 2 (22) of the Stamp Act r/w section 4 of negotiable Instruments Act, is an instrument containing an unconditional under taking to pay a certain sum of money to the bearer or order of a certain person and is signed by the maker. These essentials are clarified in San/singh "s case.