PALLONJI N METHA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is an application in revision against the order of conviction and sentence passed by the learned Presidency Magistrate, first Additional Court, Victoria Terminus, Bombay.

(2.) IN this case, I have had the advantage of a very able judgment by the learned Presidency Magistrate, and also of the very able arguments at the bar, both by Mr. Kripalani and by Mr. Khandalawalla.

(3.) THE facts in this case are not in dispute, and they are as follows. The accused travelled between Dadar and Byculla on 5-7-1951. He had a season ticket, and when his ticket was checked, he showed this ticket. This season ticket was not signed by him, and his age was not mentioned on it. He was thereupon asked to pay the travelling charges from Dadar to Victoria Terminus. These charges amounted to Re. 1-12-0. The accused refused to pay the charges. Thereupon a case was filed by the railway company before the Presidency Magistrate to recover the fine, and the learned Presidency Magistrate convicted the accused and ordered him to pay a sum of Re. 1-12-0.