EMPEROR Vs. LASU JANU PAWAR

JUDGEMENT

(1.) This is a petition by eight persons against whom a complaint has been filed by one Shamsuddin Mahamaddin Pathan, in the Court of Khan Bahadur B.H. Kazi, First Class Honorary Magistrate at Nasik, alleging the offence of cheating under Section 420 of the Indian Indian Penal Code. The petitioners ask that the proceedings against them should be quashed or in the alternative transferred to the Court of some Magistrate at Mokhada in the Thana District. Mokhada is the nearest centre to the village of Poshera in which the petitioners reside, whereas the Court at Nasik in which the complaint has been filed is about 70 miles from Poshera.

(2.) Shamsuddin Mahamaddin Pathan is a money-lender and a jungle contractor, and he alleges that he was cheated of Rs. 10 by each of the eight petitioners who are illiterate woodsmen and who were on July 5, 1945, the date of the alleged offence, in great hunger due to the scarcity.

(3.) According to the complaint, the complainant engages Kathodis for cutting the jungles for preparing bhuttis for making charcoal, and that on July 5 all the accused came to him and told him that they were Kathodis and knew how to do jungle work, but that as it was the rainy season work was suspended and that they were dying of hunger: They said that if some moneys were advanced to them on personal security they would come to do my job after the rainy season was over and that they would not go anywhere else. The complainant told them upon this that they should come after the rainy season was over and that he would then see to it. Upon this all the accused began to say that they were in dire circumstances and that they would remain bound to me if some moneys were given and that they would not go anywhere else and that they would attend to my work after the Dasara. This they said several times. The complainant at first was not willing to advance them moneys, but on their assuring him several times that if the moneys were paid they would definitely attend to his work and that they would not let him down, the complainant thought that if he relied upon them and paid them moneys they would attend to his job and paid the accused Rs. 80.