CHHAGMAL CHOPRA Vs. EMPEROR

JUDGEMENT

(1.) We think that this Rule should be made absolute.

(2.) The charge against the two petitioners was under Section 64(c) of the Indian Stamp Act (II of 1899), which says that "Any person who, with intent to defraud the Government, does any other act calculated to deprive the Government of any duty or penalty under this Act shall be punishable with fine which may extend to five thousand rupees."

(3.) Now, what happened in this case was that the petitioners alleged that they had lent money to one Lai Mohammad Barkundaz, and Lal Mohammad had signed an undertaking in one of the petitioners books to this effect: "I shall pay interest on this hathchitta up to date of realization at the rate of Rs. 3 per cent, per mensem. . Sri Lai Mahamad."