giving the judgment of the Court, Justice Rowlatt said: "In criminal cases, however, where questions of fraud are raised, the issue of fraud should be put plainly land simply popularly before the jury, It is very dangerous to refer to recklessness or carelessness. the formula used in this case had been followed by a general direction that, after all, the question was! whether the appellant had also fraudulently, which an explanation that "that means cheating or sw ling, it might have been accepte Counsel for the defence called attention to certain words at the end of the summing up in the present case, vie: "It is for you to decide: was the accused, Bedi, who now stands on trial, trading ina legitimate manner: was he trading for the benefit of the firm Boolchand in Hyderabad, or was he trading in an illegitimate manner for the benefit of Verma and himself." Counsel for the accused argued strongly that these words must have conveyed to, the jury that if the accused, in! carrying on the business of which! he.was the manager, had proceeded in an irregular manner which the jury might regard as illegitimate though not as criminal they might) convict him. Possibly if these words were taken by themselves they might be open to some objection; but am satisfied that Counsel both] for the Crown and for the defence most clearly submitted to the jury the issues upon which they were to) come to a decision; and at the commencement of the summing up, the learned Trial Judge also called their attention to the nature of the charges against the accused, and correct ly instructed them as to the meaning to be attached to fraudulent action in connection with the char-
Text read from the printed page and cleaned; old type leaves the occasional error.