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Emperor Vs. Jani Hira - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtMumbai
Decided On
Case Number Criminal Application No. 43 of 1912
Judge
Reported in(1912)14BOMLR503
AppellantEmperor
RespondentJani Hira
Excerpt:
indian penal code (act xlv of 1860), section 420-cheating-immoral contract -cheating in respect of the contract.;the accused agreed to let her daughter on hire to the complainant for concubinage for one year in consideration of rs. 70, out of which she received rs. 35 in advance. later, she refused to carry out the contract or to return the advance. she was convicted of cheating.;reversing the conviction, that a party to an immoral contract should not be allowed to prosecute on a criminal charge when he could not get performance of the contract in a civil court. - - the accused and the complainant had entered into a contract which was clearly void for immorality.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.
Judgment:

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.


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