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Judgment
Harington, J.—We must discharge this Rule. The Chief Presidency Magistrate refused to issue process and the facts which have been stated to us are that the Petitioner lost some currency notes of high value, Rs. 1,000 each, on the 13th March 1911 and on the 26th October of the same year, that is to say, more than seven months after the loss, one of the notes was traced to a man named Haji Meah Haji Abdullah who carries on business in Bombay. It is stated that he is a Snroft and one would suppose that notes would find their way through the hands of persons who carry on business as he does. His explanation is that he received it from a Mahomedan whose name he does not know. A statement of these facts is sufficient to show that the Magistrate was perfectly right in refusing to issue process.
It cannot be said that this Haji Meah Haji Abdullah was found in recent possession of property shown to be stolen because it was in ore than 7 months after the loss that the note was traced to him and being a currency note. It was that species of property which in the ordinary course passes between people who carry on business. I think the Magistrate was quite right and the Rule must be discharged