N C SINGHAL Vs. STATE

JUDGEMENT

(1.) The petitioner has filed this petition under Section 482 of the Code of Criminal Procedure for setting aside the orders passed by the learned Metropolitan Magistrate, Delhi dated 30.3.1991 and that of the learned Additional Session Judge dated 3.1.1998. Brief facts necessary to decide this petition are recapitulated as under:

(2.) Admittedly, the petitioner was a licensee of a Chamber measuring 8' x 8', for carrying on medical practice/consultation from 1 p.m. to 3 p.m. on Tuesday, Thursday and Saturday. Even according to the license deed, the licensor had a right to allow any other person to carry on medical practice at any time in that Chamber. It also mentioned in the license deed that the Chamber shall be used for giving medical consultation/advice to the patients visiting the said doctor and for no other purpose.

(3.) It was specifically incorporated in the license deed that the licence is purely temporary and the licensor has absolute right to terminate the permission/license by giving licensee a written notice of one month. Licence was admittedly terminated by written notice dated 23.9.1985.