N. M. NARAYANA SETTY VS. COURT OF THE MUNSIFF, KOLAR BY ITS PRESIDING OFFICER THE MUNSIFF

( 1 ) THE petitioner before this Court is the first accused in the Court of the First Class Magistrate kolar, in C. C. No. 1151/63. A complaint was filed by the learned Munsiff of Kolar under Ss. 193, 465 and 467 read with Ss. 34 and 109 of the Indian Penal Code against the petitioner and four other accused. The complaint discloses that the petitioner (1st accused in the lower Court)was the judgment-debtor in execution proceedings (Ex Case No. 597/58) for the recovery of Rs. 1,455-7-0 in the Court of the Munsiff Kolar. On 19-12-1958, the petitioner filed an application in the said execution proceedings alleging discharge and produced a forged receipt, Exhibit P-1, in support of the said discharge. Accused 2, 3 and 5 were the attestors to the said receipt. The learned Munsiff came to the conclusion that the receipt and accused 4 was the scribe. The accused gave evidence in Court in support of the said receipt. The learned Munsiff came to the conclusion that the receipt, Exhibit P-1, produced in Court was a forged one and after calling upon the accused to show cause why they should not be prosec

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