EMPEROR Vs. PHIROZSHAH MANEKJI GANDHI

JUDGEMENT

(1.) The question in this revisional application is, whether obtaining goods on jangad is "obtaining credit" within the meaning of Section 102 of the Presidency- towns Insolvency Act, 1909.

(2.) The applicant, who is an undischarged insolvent, was charged under Section 406 of the Indian Penal Code, or alternatively, under Section 102 of the Presidency-towns Insolvency Act. The learned Presidency Magistrate, Fifth Court, Bombay, held the alternative charge established, and sentenced him to four months rigorous imprisonment and a fine of Rs. 100.

(3.) The facts are that, on February 21, 1933, the applicant visited the shop of the complainants, who are jewellers. He took on approval or jangad a ring valued at Rs. 290, the period of approval being three days, and signed an entry to thateffect in the complainants approval book on the delivery of the ring. Admittedly, he is an undischarged insolvent, and the evidence shows that he did not at this time disclose this fact to the complainants. On the day following after he obtained the ring on jangad, the applicant pledged it with a Marwadi for Rs. 100. He redeemed the ring on February 27, but pledged it again with the same Marwadi on February 28. As he failed to return the ring, or to pay for the same, within three days as agreed, the complainants informed the police, who obtained the ring from the Marwadi. It is in these circumstances that the applicant was brought to his trial.