THE BOMBAY STAMP ACT, 1958 - Igrmaharashtra.gov.in

(3B) Every instrument so endorsed shall thereupon be delivered, on an application in thisbehalf, to the person from whose possession the instrument came in the possession ofsuch Court, or as such person may direct, to any other person authorised by him.](4) The Collector may thereupon, notwithstanding anything contained in the orderadmitting such instrument in evidence:, or in any certificate granted under section 41, orin section 42, prosecute any person for any offence against the stamp law which theCollector considers him to have committed in respect of such instrument:Provided that -(a) no such prosecution shall be institute where the amount including duty and penalty,which, according to the determination of such Court, was payable in respect of theinstrument under section 34, Iris paid to the Court or the Collector, unless the Collectorthinks] that the offence was committed with an intention of evading payment of theproper duty;(b) except for the purposes of such prosecution no declaration made under this sectionshall affect the validity of any order admitting any instrument in evidence or of anycertificate granted under section 41.CHAPTER VIIOFFENCES AND PROCEDURE59. Penalty for executing etc. instrument not duly stamped.(1) 2 [Any person who, with the intention to evade the duty, executes or signs] otherwisethan as a witness any instrument chargeable with duty without the same being dulystamped shall, on conviction, for every such offence 3 [be punished with rigorousimprisonment for a term which shall not be less than one month but which may extend tosix months and with fine which may extend to five thousand rupees]:Provided that, when any penalty has been paid in respect of any instrument under section34, section 39 or section 58, the amount of such penalty shall be allowed in reduction ofthe fine (if any) subsequently imposed under this section in respect of the sameinstrument upon the person who paid such penalty.(2) If a share warrant is issued without being duly stamped, the company issuing thesame, and also every person who, at the time when it is issued, is the managing directoror secretary or other principal officer of the company, shall, on conviction, be punishedwith fine which may extend to five hundred rupees.___________________________1. These words were substituted for the words "is paid to the Collector, unless, he thinks"by Mah. 27 of 1985, .s. 39 (c), (w.e.f. 10-12-1985)2. These words were substituted for the words" Any person executing or signing" byMah. 27 of 1985, s. 40, (w.e.f. 10.12.1985).3. These words were :;ubstituted for the words "be punished with fine which may extendto five hundreti rupees" by Mah. 18 of 1989, s.9, (w.e.f. 1-12-1989).