RAI BAHADUR CHOUDHRY RUCHI RAM Vs. STATE

JUDGEMENT

(1.) CHALLENGE in this revision petition is to the order dated 20.05.2004 passed by the learned Addl. Sessions Judge in Crl. Appeal No.178/2002 whereby the impugned order dated 03.07.2002 passed by the learned M.M. convicting the firm and two partners was modified to the extent that the two partners were acquitted by the learned Addl. Sessions Judge holding that the pleadings to this effect in the complaint are not supported by evidence and in the absence of any evidence, it shall be improper to hold appellants No.2 & 3 guilty. The findings to this effect recorded by the learned M.M. were accordingly set aside. However, the firm was convicted and invoking provisions of Section 25(1) of the Contract Labour (Abolition & Regulations) Act, 1970, the two partners Rajeev Khattar and Vikram Khattar were held vicariously liable to undergo conviction for the firm M/s. Rai Bahadur Choudhry Ruchi Ram Khattar & Sons and sentenced to undergo rigorous imprisonment for one month each, besides a fine of RS. 1,000/- each for all the offences i.e. in all, a fine of RS. 11,000/-, in default of payment of fine to further undergo simple imprisonment for 7 days.

(2.) THE contention of counsel for the revisionist is that once the Court has given a finding to the effect that in the absence of any evidence to support the pleadings in the complaint, it shall be improper to hold appellants No.2 and 3 guilty, then how with the aid of Section 25(1) of the said Act they could be convicted under that Section which is not even penal in character.

(3.) THEN in the concluding paragraph, the learned Addl. Sessions Judge has come to the following conclusion:- "From the evidence and material on record, it is established that Rajiv Khattar and Vikram Khattar, were the partners of the appellant company. They were in charge and responsible for the conduct of its business at the time of commission of offence. Thus, they are liable to be proceeded against and punished for the offence committed by the company. They have not proved that the offence was committed without their knowledge or that they exercised all due diligence to prevent the commission of such offence. Thus, invoking the provisions of Section 25(1) of the Act, the order on sentence dated 3.7.2002, is modified. Rajiv Khattar and Vikram Khattar on behalf of the company, are vicariously held liable to undergo conviction for the firm M/s. R.B.Choudhary Ruchi Ram Khattar and Sons and shall undergo Rigorous Imprisonment for one month each, besides a fine of RS. 1,000/- each, for all the 11 offences i.e. in all, a fine of RS. 11,000/-, in default of payment of fine, Simple Imprisonment for 7 days. Trial Court Record be sent back along with a copy of the order. Appeal file be consigned to Record Room".