Emperor vs Padam Singh - 1930 Supreme(All) 7

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1930 Supreme(All) 7

BOYS
Emperor – Appellant
Versus
Padam Singh – Respondent

JUDGMENT

Boys, J. - This is an appeal on behalf of the Local Government from the acquittal of Padam Singh, son of Mohan Singh, who had been found guilty by the trial Court u/s 193, I.P.C., and sentenced to nine months' rigorous imprisonment, but who had been acquitted by the learned Sessions Judge on the ground that the facts did not come, at any rate did not clearly come, within Sections 191 and 193, I.P.C. Before us two questions have been fully argued, one of law and the other of the merits, and it is incumbent on us to deal with both. The plaintiff in a civil suit was Sher Mohammad Khan. The defendant was the present opposite party, Padam Singh. The suit was brought on the basis of a promissory note said to have been executed by Padam Singh on 15th January 1926, supported by a receipt stated to have been taken from Padam Singh on the same date.

2. The suit was brought on 11th August 1928 and was decreed ex parte on 25th September 1928. An application for restoration made on 15th October 1928 was allowed on 1st December 1928, and on the same date the defendant, Padam Singh, was directed to file a written statement. He filed the written statement and in it denied execution of the p

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