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1971 Supreme(All) 74

D.D.SETH
SHIVA PRASAD – Appellant
Versus
STATE – Respondent


ORDER

This application in revision is directed against an order passed by the learned Judicial Officer, Kotwali, Kanpur.

2. The facts of the case are that one Jagannath Prasad filed a civil suit against accused No. 1 in the Court of the learned 1st Civil Judge, Kanpur, for recovery of some money. That suit was transferred later to the Court of the learned 1st Addl. Civil Judge, Kanpur. The suit was contested by accused No. 1, who claimed adjustment of Rs. 2,000/- alleged to have been paid on 20th February, 1959 to Jagannath Prasad. In that connection and, in proof of his case accused No. 1 filed a letter, which was Ex. A. 23 and which was alleged to have been written by Jagannath Prasad. Jagannath Prasad, however, denied having written any such letter or having sent it to accused No. 1. The parties were allowed to lead evidence and, after considering the evidence, the learned 1st Addl. Civil Judge, Kanpur, found Ex. A. 23 to be a forged document, which was used by accused No. 1 for the purposes of the case. He, therefore, directed a complaint to be filed against both the accused persons. The learned Addl. Civil Judge directed a complaint to be filed against the two accused on an ap









































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