STATE OF MAHARASHTRA Vs. DEVSI DOSA

JUDGEMENT

(1.) This is an appeal by the State against the acquittal recorded by the Presidency Magistrate, 7th Court, Dadar, in favour of the accused in a prosecution under Section 204, Indian Penal Code.

(2.) The Inspector of Money Lenders, Bombay City, was once passing by the shop of the accused No. 1 along with a colleague of his. He found that accused no. 1 was exchanging money for some ornaments with some of his customers. Supsecing that that was an illicit money-lending transaction he inspected the shop. A notice was given to him under Section 13-A of the Bombay Money Lenders' Act, 1946, and in response to it the accused No. 1 produced before him certain books of account. Those were three diaries of which he made a list. From these books of accounts he made certain extracts which referred to certain money-lending transactions by the accused. After inspection the books were returned to the accused and his receipt obtained, which is Exd. B in the case. That is dated 29th of June 1955. Thereafter the Inspector served three notices on the accused for the productions of his books of accounts regarding his transactions of money-lending for seven years previous to that date and called upon him to bring those books in his office on the dates given by him. The accused failed to produce his books of account as required by the notices given to him. Thereupon the usual notice was issued to the accused and thereafter the resent prosecution was launched against him under Section 204 of the Indian Penal Code.

(3.) The accused contended before the learned Magistrate that there was delay in launching this prosecution and that it had prejudiced his case. He said that the three books of account in question were not traceable, that they were not documents within the term of Section 204 of the Penal Code and lastly that he was not bound under Article 20, clause (3) of the Constitution to produce anyof those books before the complainant. He also contended that th notices were vague.