High CourtsDivision Bench(1912) 05 BOM CK 0001

Emperor vs Jani Hira

Bombay High Court · Decided on 25 May 1912 · Citation: (1912) 14 BOMLR 503

HON’BLE JUDGES
Macleod, J · Heaton, J
CASE NUMBER
Criminal Application No. 43 of 1912

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Judgment

1 paragraphs · 97 words
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.