(1)Any person- who, with intention to evade the duty, executes or signs otherwise than as a witness any instrument chargeable with duty without the same being duly stamped shall be punished with imprisonment for a term which shall not be less than one month but which may extend to six months and with fine which may extend to ten thousand rupees or with both;Provided that when any penalty has been paid in respect of any instrument under section 35, section 40 or section 61.the amount of such penalty shall be allowed in reduction of the fine (if any) subsequently imposed under this section in respect of the same instrument upon the person who paid such penalty.
