CHAGLA, C.J. :- The prosecution alleged that the applicant before us carried on the business of a money-lender without obtaining a license and without keeping and maintaining the accounts as required by the Bombay Money-lenders Act XXXI (31) on 1947. The contention of the accused was that his advanced moneys only on security and that he took security which was sufficient to cover the whole of the loan advanced by him to his customers, and the further contention of the accused was that the Money-lenders Act only applied to cases where unsecured loans were made and not to cases where the loan advanced was a secured loan. The facts in this case are not in dispute, and the only question that arises, and the only question that has been argued, is the interpretation of Act xxxi (31) of 1947.

2. What we have to decide is, what is the true meaning according to the language used of the expression "loan" as defined by the Bombay Money-lenders Act. "Loan" is defined as an advance at interest by way of credit. Whether of money or in kind, and then it sets out what it does not include, with which we are not concerned for the purposes of this application. Mr. Somjees contention is that t