RAMPADARATH SINGH Vs. EMPEROR

JUDGEMENT

(1.) The petitioner Rampadarath Singh has been convicted of cheating by Mr. Tajammul Husain, Honorary Magistrate of Patna City, and has been sentenced to undergo rigorous imprisonment for one year and also to pay a fine of Rs. 100 or in default to undergo rigorous imprisonment for six months more. An appeal against this conviction and sentence has been dismissed by the Sessions Judge of Patna.

(2.) On 14 October 1939, one Imdadali Khan executed, and also registered, a deed of assignment conveying his rights under a decree, which he had obtained some time previously for a sum of between Rs. 7000 and Rs. 8000 to the petitioner. In the deed of assignment the consideration money was said to be Rs. 4000, and, according to Rampadarath Singh, this sum was paid to Imdadali Khan immediately after the deed was registered. Rampadarath Singh produced the receipt for the document granted to Imdadali Khan by the Sub-Registrar. This receipt bears the thumb-impression of Imdadali Khan and also an endorsement made by his karpardaz, Sadique Akbar, acknowledging the receipt of Rs. 4000 on 14 October 1939. According to Imdadali Khan and Sadique Akbar, on the other hand, the consideration money was Rs. 4300 and not Rs. 4000, the latter sum having been mentioned in the deed in order that a stamp of lower denomination than was really necessary might be used.

(3.) According to both of them, also, no money changed hands when, or immediately after, the deed of assignment was registered. Rampadarath Singh had, it was said, then executed a hand-note for Rs. 300 and had undertaken to pay the balance of the consideration money later when the document or the receipt for it should be handed over to him. Imdadali Khan and Sadique Akbar went on to explain that, two days after the deed of assignment was executed and registered, they had gone to Rampadarath Singh's house and asked for the money. Rampadarath Singh had given them to understand that he would pay them the money at once and had induced them to make an endorsement acknowledging receipt of the money on the back of the registration ticket and also to antedate it.