JUDGMENT :

1. The facts of this case are clear. The sole question is what offence has the appellant committed, if any, at all. The appellant owned certain property. With a view apparently to cheating one Fakir Chand he executed a sale deed of the whole of his property in favour of his wife. He then executed a mortgage of his property in favour of Fakir Chand for Rs. 10,000. At that time the sale deed in favour of his wife had not been registered. Before the mortgage transaction was completed Fakir Chand made all necessary inquiry in the Registration Department as to prior incumbrance. The appellant then put in the sale deed in favour of his wife for registration, and soon after, the mortgage deed was also registered. When the matter came to light Fakir Chand charged him in the criminal Court with cheating. While that criminal case was pending, it came to light that the mortgage deed which the complainant filed in Court bore on it an endorsement of the return of the consideration purporting to have been signed by Fakir Chand. It was amply proved that the document bore no such endorsement at the time it was filed in the criminal Court by the complainant. It is in respect of this endor