EMPEROR Vs. ABDUL GANI BAHADURBHAI

JUDGEMENT

(1.) This is an appeal by the Government of Bombay from an acquittal by the Third Presidency Magistrate of the accused Abdul Gani Bahadurbhai alias Karim Kasam.

(2.) The accused is a Mahometan of Kathiawar and has been doing business as a baker at Blantyre in Africa. He returned to India about the e October, 1924. On November 12, 1924, accompanied by the witness Vanechand, a clerk in a Velophone office, he presented at the French Bank in Bombay and obtained payment of a bill of exchange No. 3281 (Ex, A) dated June 10,. 1,924, from the Blantyre branch of the Standard Bank of South Africa on their London office for - 900. The next day he presented and attempted to obtain payment at the Eastern Bank of Bombay of a similar Bill No. 3293 (Ex. E) from the same branch in South Africa on their London office for 12,000. The Bombay Police had, however, on June 27 a July, 5, received two telegrams purporting to emanate from the Chief Commissioner of Police, Nyasaland, informing the Commissioner of Police. Bombay, that four blank drafts Nos. 3281, 3 285, 3289 and 3293 in duplicate belonging to the Blantyre branch of the Standard Bank on their London of office had been stolen and it was feared that signatures would be forged find negotiation attempted in Bombay. The Commissioner of Policy Bombay, circulated information of this letter to the banks in Bombay, among them the Eastern Bank; and the clerk Amritrao of the Eastern Bank, on presentation by the accused of the bill No. 3293, asked him to wait and informed his superiors. They communicated with the Police, the latter appeared and arrested the accused. The third draft No. 3285 for -1,500 (Ex. G) was found on him. The last draft No. 3289 (Ex. E) for -2 500 was, the accused admits, given by him together with a sum of Rs, 1,000 to Vanechand referred to above. Vanechand, on hearing of the accused's arrest, tore up the draft The pieces (Ex. E; were secured by the Police.

(3.) Apart from the telegrams, which the learned Magistrate held to be inadmissible, no evidence was adduced from Africa. The other evidence consisted of what transpired in Bombay as to which there was little or no dispute and of the accused's statement and explanation, that he had received all four drafts at Blantyre from one De Souza, a clerk in the Standard Bank and a neighbour of his, for negotiation in Bombay.