JUDGMENT - [1] By this revision application the accused challenges his conviction under Sections 5 and 25 (3), Bombay Money-lenders Act, 1946. The facts are not in dispute. Between 6-1-1948, and 24-10-1948, the accused had several money-lending transactions in respect of which he charged interest at a rate exceeding the maximum prescribed by the Provincial Government under the Act. This Act came into force in the Mahad taluka on 17-11-1947, and the accused carried on his business in that taluka. The penal section under which the accused has been convicted is Section 34 which provides that whoever fails to comply with or acts in contravention of any provision of this Act, shall, if no specifics penalty has been provided for in this Act, is punishable in the manner laid down in that section.

Turning to Section 5 it provides that no money-lender shall carry on the business of money-lending except in the area for which he has been granted a license and according to the terms and conditions of such license. It is not disputed that the accused has contravened he provisions of Section 5 because he has carried on business of money-lending without a license. Therefore reading Sections 5 and

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