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1945 Supreme(Mad) 143

HAPPELL


ORDER

Happell, J.

1. This is a petition to revise an order of the Stationary Sub-Magistrate, Tenali, made in P.R.C. No. 11 of 1944, overruling objections to his jurisdiction to take cognizance of an offence punishable under Sections 467 and 109 of the Indian Penal Code. A promissory note was brought into existence on the 12th September, 1943, for the principal sum of Rs. 450 which purported to be executed by the complainant in favour of the second accused. It was written by the first accused and attested by the third accused. This promissory note was assigned to the fourth accused and he issued a registered notice to the complainant demanding the amount due under the promissory note and "on the complainant denying that he had executed the promissory note, filed S.C. No. 15 of 1944, on the file of the Subordinate Judges Court, Tenali, on the footing of the promissory note. The promissory note was sent to the Government Hand-writing Expert who gave the opinion that the finger-print on the promissory note was not that of the complainant. On that, the fourth accused had the suit dismissed. The complaint now in question was based on the above facts and it was dismissed as against the four




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