Bombay High Court Reports; Reports of Cases Decided in the High Court of Bombay

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1873. Excerpt: ... Jan. 25. 1872-, appellate Criminal Jurisdiciton.1 Reg. V. Hargovanda's And Harkissanda's. Extraordinary jurisdiction of High Court--Offence not constituted by acts proved--Cheating--Indian Penal Code, Sec. 417. Where the High Court was of opinion (in a case in which no appeal lay to it) that the facts found by the Court that tried the prisoners and the Court of appeal from such Court did not constitute the offence of cheating of which the prisoners had been convicted, the High Court, in the exercise of its extraordinary jurisdiction, reversed the conviction and sentence. To justify a conviction for the offence of cheating there must be some evidence of an intention to cheat at the time when the promise (the omission to perform which completes the offence of cheating) is made. TN this case the accused, Hargovindas and Harkissandds, . were tried by Manekjee Cowasjee Entee, Magistrate F. P. at Broach, for the offence of cheating, and on the 4th September 1871 were convicted and sentenced each to suffer rigorous imprisonment for a period of six months and to pay a fine of Es. 500 or, in default, to undergo imprisonment of the same kind for a further period of three months. On appeal, the Session Judge of Surat (W. H. Newnham) upheld the conviction and sentence. The facts of the case sufficiently appear from the following decision of the Session Judge: --It appears from the evidence that the two appellants owed some Rs. 900 to one Manohardas and on his threatening to sue them, Hargovandds agreed to mortgage their house, and a stamp paper was procured and a bond drawn up and Hargovandas signed it. It was to be completed by his brother's signature and attested. Afterwards, however, Hargovandas demanded an advance of Rs. 200 more for another creditor, which Manoh...