MOBARIK ALI AHMED Vs. STATE OF BOMBAY

JUDGEMENT

(1.) This is an appeal by special leave. The appellant before us was convicted by the learned Presidency Magistrate, Third Court, Esplanade, Bombay, for the offence of cheating under S.420 read with S.34 of the Indian Penal Code on three counts of cheating viz. the first relating to a sum of Rs. 2,30,000 and the third relating to a sum of Rs. 2,36,900.

(2.) The prosecution was initiated on a private complaint filed by one Luis Antonio Correa on June 30, 1952, against four persons of whom the appellant was designated therein as the first accused and one Santaram as the fourth accused and two other persons A. A. Rowji and S. A. Rowji, as second and third accused respectively. Bailable warrants were issued against all the four by the learned Magistrate but it appears that warrants could not be executed against accused 2,3 and 4.

(3.) The complainant is a business-man from Goa and was the Director of a firm in Goa which was trading in the name of Colonial Limitada doing business in import and export. At the relevant time there was severe scarcity of rice in Goa. The complainant was accordingly anxious to import rice urgently into Goa. He got into touch with a friend of his by name Rosario Carvalho in Bombay who was doing business as a Commission Agent.