LAWS(PVC)-1945-8-74

L JAGGA RAO Vs. EMPEROR

Decided On August 27, 1945
L JAGGA RAO Appellant
V/S
EMPEROR Respondents

JUDGEMENT

(1.) The petitioner L. Jagga Rao in Criminal Revision No. 199 of 1944 and Bira Sahu, petitioner in Criminal Revision No. 217 of 1944, residing at Aska town, the former is the Manager of a Sugar Factory at Aska and the latter is a hotel keeper at the same place. Bira Sahu supplied nine bharanams (about forty maunds) of paddy to the Manager of the Sugar Factory who, in exchange thereof, gave eight bags of sugar to Bira Sahu and a further sum of Rs. 28 was to be paid to him later. On the report of the Supervisor of Supplies both of them were prosecuted for having contravened the provisions of Rule 4, Orissa Food Grains (Control and Movements and Transactions) Order, 1943. On trial, a First Class Magistrate of Russelkonda convicted both the petitioners under Rule 81(4) of the Defence of India Rules, and sentenced them to a fine of Rupees 300 each, in default, rigorous imprisonment for three months each. On appeal, the Sessions Judge of Ganjam Puri affirmed the convictions but modified the sentence by reducing the fine to Rs. 50 each, in default, rigorous imprison, meat for fifteen days each.

(2.) It has been urged for the petitioners that the prohibitions provided by Rule 4, Orissa Food Grains Order have no application to the transactions between the parties and so the convictions of the petitioners are bad in law and should be set aside. It is argued that the said rule prohibits transactions of purchase and sale of foodgrains exceeding two standard maunds, whereas the transaction in question was merely exchange of goods, for there was no money consideration for the goods supplied by one party to the other.

(3.) In support of the argument reference is made to Section 4(1) and Clause(10) of Section 2, Sale of Goods Act, 1930 (Acts [III] of 1980). Section 4(1) provides that a contract of sale of goods is a; contract whereby the seller transfers or agrees to transfer the property in goods to the buyer for a price. Section 2(10) defines the word price to mean the money consideration for a sale of goods.