EMPEROR Vs. JANI HIRA

JUDGEMENT

(1.) FOR the reasons stated by the Sessions Judge in his statement of the case we think that this is not a case for a criminal Court. The accused and the complainant had entered into a contract which was clearly void for immorality. Therefore the complainant would not be entitled to obtain any relief from a Civil Court for its breach. That is no reason why he should be allowed to prosecute the accused on a charge of cheating. Therefore, we think, that the Magistrate s conviction and sentence must be reversed and the accused acquitted and discharged.