JOGENDRA PRASAD SINGH Vs. JOY KANTA ROY

JUDGEMENT

(1.) THIS is an appeal by the plaintiff whose suit for a decree of Rs. 2000/ - against the defendant was dismissed by the lower appellate court reversing the decree of the Munsiff.

(2.) THE case of the plaintiff was that the defendant borrowed a sum of Rs. 2000/ - from him on 12 -11 -65 by giving a stamped receipt signed by him stipulating to repay the same within a week. As the defendant did not repay the money as stipulated, the plaintiff instituted a criminal case under Section 420 of the Indian Penal Code against him but in that case, plaintiff was directed to seek his remedy in the civil court and so he filed the present suit.

(3.) IN support of his case, the plaintiff examined himself and 4 other witnesses. The plaintiff (P. W. 3) and P. W. 4 Mafijudddin Sheikh gave evidence to prove that the defendant executed the receipt Ex. 2 which was written by one Jadab Das since dead, and received Rs. 2000/ - from the plaintiff. P. W. 5 Hemendra Nath Roy is a petition writer who proved that the receipt Ex. 2 is in the hand of deceased Jadab Chandra Das who was also a petition writer and whose hand -writing he knows. P. W. 1 Rafiqulla Sheikh who was the President of Kisamat Hasdah Gaon Sabha proved that the defendant filed a petition Ex. 1 (dated 20 -2 -64) before him making some allegations against the plaintiff, where inter alia it was stated that he (defendant) borrowed a sum of Rs. 2000/ - from the plaintiff signing on a blank paper and that he had since repayed this amount. P. W. 2 Birendra Naravan Roy proved that he wrote the Ex. 1 at the instance of the defendant and that the defendant put his signature there in his presence.