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1915 Supreme(All) 129

PIGGOTT, TUDBALL
Bhawani Das – Appellant
Versus
Emperor – Respondent


JUDGMENT

Piggott, J. - This is an application in revision against the order of a Magistrate taking cognizance of a complaint filed by one Cheda Lal against the applicant Bhawani Das. The offence alleged against the latter is abetment of the forgery of a sale-deed, dated 27th June 1913, whereby Cheda Lal purported to convey certain property to one Het Ram. On the same date Het Bam executed a mortgage-deed, whereby he purported to borrow money from Bhawani Das on the security of this very property. Cheda Lal's case is that he knew nothing about the sale-deed, and that his signature to the same was forged by one Babu Lal. The question was raised in two separate suits filed in the Court of the Subordinate Judge, one by Cheda Lal and one by Bhawani Das. The latter did not affirm the disputed sale-deed to be genuine, but on the contrary claimed damages from Babu Lal and Het Ram for having defrauded him. The Subordinate Judge held that the deed was a forgery and that Bhawani Das had been defrauded. He gave appropriate relief to the latter as well as to Cheda Lal, and he took proceedings u/s 476 of the Criminal Procedure Code against Babu Lal and Het Ram. At the Sessions trial which followe

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