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1991 Supreme(P&H) 330

B.S.NEHRA
State Of Punjab – Appellant
Versus
Iqbal Singh – Respondent


Judgment

B.S.Nehra, J.

1. This order will dispose of Criminal Reference No. 2 of 1988.

2. Shri D S. Malwai, Judicial Magistrate Ist Class Patiala, has made reference to this Court stating that one Kashmira Singh son of Gopal Singh, resident of House No. 1728, Phase -III, Sector 60, S.A.S. Nagar, Mohali, had filed two suits, viz. one for recovery of Rs. 2,000/- and the other for recovery of Rs. 6,400/- against Sohan Singh, sole proprietor, Manvinder Auto, and Electric Works, Patiala. These suits, were decreed by the Court of Shri P.C. Suman, Sub Judge Ist Class, Patiala. In these suits, a receipt dated 20.6.1976 had been relied upon by Sohan Singh about the alleged repayment of the disputed amount to Kashmira Singh. One Iqbal Singh who is described as son-in-law of Sohan Singh had, appeared as a witness of the said receipt during the trial of those suits. The said receipt was held to be an act of forgery by the Court of Sub Judge Ist Class, Patiala. Kashmira Singh filed an application under Section 340 of the Code of Criminal Procedure on 4.1.1982 praying that a complaint be filed under Sections 120-B/183/93/467/468/471 and 109/114 of the Indian Penal Code against Iqbal Singh son of


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