Harries, C.J. - (1.) This is a reference made to a F. B. by a Bench of this Court in a criminal matter.
(2.) In order to appreciate the points involved it will be necessary shortly to set out the facts giving rise to the proceedings culminating in this reference.
(3.) The opposite party was a tenant of the petnr. On 11/8/1949 the petnr. gave a receipt for Rs. 101 which sum, it is alleged, was paid by the opposite party as rent in advance. On 13/1/1950 the petnr. through a pleader, gave to the opposite party a notice to quit alleging that there had been default in the payment of rent for three consecutive months, namely, from September to November 1949. On 6/2/1950 the opposite party, through his pleader, wrote stating that the rent in question was not in arrear and that it had actually been paid in advance. On 7/2/1950 the petnr. filed a complaint in the Court of the Presidency Mag. Under Sections 468 and 471, Penal Code. It was alleged that the opposite party had altered the receipt for Rs. 101 paid as rent and that the receipt as altered showed a payment of Rs. 1101. Consequently, it was said that the opposite party was guilty of the offence of forgery and using as genuine a forged document.;