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1968 Supreme(SC) 312

A.N.GROVER, J.C.SHAH, V.RAMASWAMI
Lalta – Appellant
Versus
State Of U. P – Respondent


Advocates:
O.P.RANA, R.K.GARG, Ravindra Narayan, S.C.AGRAWAL, S.S.SHUKLA

Judgment

RAMASWAMI, J.: 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. 410 and 413 of 1964.

2. The appellant, Lalta filed a money suit No. 54 of 1955 in the Court for 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. 250 from him and executed a promissory note and a receipt in lieu thereof. 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. It appears that prior to the institution of this suit Swami Nath had filed a complaint on January 24, 1955 against Lalta and others alleging that they had forcibly taken his thumb impressions on a number of blank forms of pronotes and receipts. The case arising out of the Criminal complaint came to be heard by a Magistrate Second Class who by his judgment dated May 31, 1956 acquitted Lalta and the other persons complained against. The Criminal case against Swami Nath proceeded on the charges framed under Sections 342 and 384, Indian Penal Code.






















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