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TMI Blog1953 (8) TMI 23X X X X Extracts X X X X X X X X Extracts X X X X ..... s a dealer in kerosene oil and was the secretary of the Cane-growers' Co-operative Society, and it was in that, capacity that he obtained a number of blank pieces of paper with the defendant's thumb-mark thereon and he suspected that plaintiff converted on a of these pieces of paper into a regular hand-note on which he based a false and fraudulent claim, further plea taken was that the plaintiff was a regular money-lender, and under Section 4, Bihar Money Lender's (Regulation of Transactions) Act (7 of 1939) he could not recover the amount, if any, advanced by him as he was not a registered money-lender. 4. The learned Munsif held that the hand-note was genuine, but the plaintiff was not a registered money-lender, and as such ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... me within the provisions of the Money-Lenders' Act unless the plaintiff could prove that he was not a professional money-lender, or, in certain circumstances, if the loan advanced by him in any particular year did not amount to above ₹ 500/-as required under the notification to which reference has been made in the case of -- 'Rai Shyam Bahadur v. Rameshwar Prasad' AIR Pat 441 (C). 6. Mr. Gorakh Nath Singh appearing on behalf of the appellant has drawn my attention in this connection to the Division Bench ruling of this Court in the case of -- 'Meghraj Tibrawala v. Panchu Sahu' AIR 1952 Pat 39 (D), where their Lordships following the decision of their Lordships of the ' Judicial Committee, to which I have ref ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ant, and as he was not able to pay up the price, he executed a hand-note as evidence of his liability. It was, therefore, a case of accommodation. Those are some of the instances in which the plaintiff may prove that he was a casual money-lender, and not a regular money-lender as contemplated by Section 4, Bihar Money-Lenders' Act. Mr. Dasu Sinha has also drawn my attention to the case -- 'In the matter of Bhairo Dutt Bhandari' AIR 1940 All 1 (SB) (G), where their Lordships referred to certain English decisions and came to the conclusion that the mere fact that money was advanced on interest on more than one occasion would not necessarily import that he was a professional money-lender, because it was possible that although inter ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ble to accede to this contention, because what the defendant in this case did was to plead that the plaintiff not being registered as a money-lender could not recover the loan, which is exactly in terms of Section 4, Bihar Money-Lenders' Act. It is only judicial pronouncements which have drawn distinction between a casual, money-lender and a professional money-lender with reference to Sections 4 and 5 of the Act. It is, therefore, necessary for the plaintiff, who claims exemption, to prove the circumstances on which he can rely to escape the penalty provided under the Bihar Money-Lenders' Act. In the present case it is curious that the plaintiff has not alleged in the plaint the circumstances in which he made advance to the defendan ..... X X X X Extracts X X X X X X X X Extracts X X X X
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