The Criminal case against Swami Nath proceeded on the.
The companyplaint was enquired into by a First Class Magistrate who companymitted the appellants to the Court of Sessions.
Swami Nath filed a written statement in that suit denying to have taken any loan or to have executed any pronote and receipt in favour of Lalta.
In the Civil Suit which was filed by Lalta, the defendant Swami Nath moved an application for a report being called from the Superintendent, Security Press, Nasik regarding the year of the revenue.
stamps affixed on the pronote and the receipt.
Appeal by special leave from the judgment and order dated June 3, 1966 of the Allahabad High Court, LuCknow Bench inCriminal Revision Applications No.
410 and 413 of 1964.
The appellants took the matter in appeal to the Sessions Judge, Gonda who by his order dated October 17, 1964 set aside the companyvie tion of Lalta under s. 193, Indian Penal Code but maintained the companyviction of the appellants under the other sections.
It appears that prior to the institution of this suit Swami Nath had filed a companyplaint on January 24, 1955 against Lalta and others alleging that they had forcibly taken his thumb.
The Civil Judge Gonda actually filed a companyplaint on, November 9, 1956 against Lalta for offences under ss.
342 and 384, Indian Penal Code.
The matter was accordingly referred to the Superintendent, Security Press, Nasik and the report received was that the stamps in question had been printed on December 21, 1953 and were issued for the first time on January 16, 1954 to the Treasury.
charges framed under ss.
The Civil Judge was moved for filing a companyplaint against the appellants for companymitting forgery.
K. Garg, S.C. Agarwala, S. Chakravarti and S. S.Shukla, for the appellants.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.185 of 1966.
P. Rana and Ravindra Bana, for the respondent.
250 from him and executed a promisory numbere and a receipt in lieu thereof.
410 and 413.
The Judgment of the Court was delivered by Ramaswami, L This appeal is brought, by special leave, from the judgment of the Allahabad High Court dated June 3, 1966 dismissing the Criminal Revision Applications Nos.
193, 194, 209, 465, 467 and 471, Indian Penal Code and against Tribeni and Ram Bharosey foran offence under s. 193, Indian Penal Code.
of 1964.
The appellant, Lalta filed a money suit number 54 of 1955 in the Court of Civil Judge, Gonda against Swami Nath on the basis of a pronote and receipt dated July 1, 1952 on the allegation that Swami Nath had taken a loan of Rs.
impressions on a number of blank forms of pronotes and receipts The case arising out of the Criminal companyplaint came to be heard by a Magistrate Second Class who by his judgment dated May 31, 1956 acquitted Lalta and the other persons companyplained against.
Subsequent to the receipt of the report Lalta did number put in appearance and the suit was dismissed for default on June 1, 1956.
