CHHOTU IMAMKHAN Vs. KING-EMPEROR

JUDGEMENT

(1.) THE applicant Sheikh Chhotu was convicted and sentenced to pay a fine of RS. 100 by the First Class Magistrate, Nagpur, Under Section 188, Penal Code and his appeal was dismissed by the Second Additional Sessions Judge, Hagpur. He has now come up in revision to this Court.

(2.) THE applicant bad been declared a tout Under Section 36 (4), Legal Practitioners Act and he was so shown in Civil Circular Memorandum No. IS issued by the Court of the Judicial Commissioner, Nagpur, on 7th July 193d. Although he was as a tout excluded from the preoinots of the Courts in Nagpur, be on 7th October 1946 approached Lalman (P. W. 8), postman, under the tamarind tree between the Bar room and the civil Court and asked him concerning letters addressed to Baghunathsingh, attorney to Shri Y. P. Verma, Barrister, at law. Lalman then delivered to him a registered letter addressed to Baghunathsingh and obtained his signature on the acknowledgment form. This was witnessed by Shri R. E. Manohar (P. W. 4), Advocate, who reported the matter to the District Judge. Bbri Manohar further stated that the applicant had sot ceased to come to Court after he had been declared a tout and that be was to be seen almost daily loitering between the compounds of the District and civil Courts. Sambbaji (P. W. 1) and Pannalal (P. W. 2), registered typists, also declared that they had frequently seen the applicant within the precincts of the District Court.

(3.) THE applicant in examination admitted that proceedings for declaring him a tout had been initiated, but he claimed that the result had not been intimated to him and that he was not aware of the contents of the relevant Civil Circular Memorandum. He also asserted that he had not received from the District Judge, Nagpur an order excluding him from the precinets of the Courts. He admitted that on 7th October 1946 he had received in the Court premises a registered envelope from Lalman (P. W. 8) and that he was thereafter produced in the Court of the Third Additional District Judge, Nagpur. When asked to account foe Shri Manobar's evidence against him, he asserted that he was Dada Seth's employee and that, in accordance with his orders, he used to go to Courts in connection with suits and cases. No evidence was adduced in his behalf.