BRIJMOHANLAL Vs. SOHANRAJ

JUDGEMENT

(1.) THIS order will dispose of revision applications No. 246 of 1960 and No. 247 of 1960 preferred by Brijmohanlal and Bhagwandas respectively against the order of the learned Sessions Judge Jodhpur directing a complaint to be filed against them for commission of offences under Secs. 209, 467 and 471 of the Indian Penal Code.

(2.) THE facts which have given rise to this order are that applicant Bhagwandass filed a civil suit in the court of Civil Judge, Jodhpur for recovery of Rs. 4000/- against Sohanraj on the basis of a promissory note and a receipt dated 15th September, 1954. Applicant Brijmohanlal was the attesting witness of both these documents. THE defendant denied the execution of the promissory note and the receipt and also taking of any loan from the plaintiff. Both the documents are on a printed form and on the promissory note are affixed four stamps of -/1 /- each bearing Sohanraj's signatures at two places. On the receipt also there is affixed a stamp of-/1/- and bears Sohanraj's signature. Plaintiff's case was that the whole unprinted matter in the promissory note and the receipt was in the hand writing of the defendant himself. Apart from the defendant's signatures on the stamps, these two documents contain his signatures at another place meant for the signatures of the executant in the printed form. In support of his case plaintiff examined himself and the attesting witness Brijmohanlal. On the other hand the defendant in his defence produced Shri K. R. Sunda-ram, Supervisor India Security Press, Nasik who stated that the revenue stamps affixed on the promissory note Ex. 1 and the receipt Ex. 2 were printed on October 26, 1956 and were issued for sale in January 19, 1957.