JUDGMENT

Bennet, J. - This is an application on behalf of one Nek Ram asking that either a charge framed against him should be cancelled or that the case should be transferred to another Magistrate. The facts of the case, so far as relevant to this application, are shown by the record and an affidavit. On 27th July 1930 it is admitted that Birendra, a young man of twenty years, who is also an accused, took two rupees and went to a shop of Ram Babu at a short distance from the shop of the applicant Nek Ram. Birendra is a servant of Nek Ram and works in his shop which is for drugs. Ram Babu found that the two rupees were false and he handed the boy Birendra over to the police. The defence is that two customers had come to the shop of Nek Ram before it was open at twelve o'clock and that these customers had given the two rupees asking that the boy Birendra should bring change, and that these two customers subsequently disappeared when Birendra was arrested and a crowd collected. It was also the defence of Nek Ram that he was not present at the shop at the time when Birendra left the shop to get the Rs. 2 change. It is of considerable importance in the case to see at what stage the stor