MUNICIPAL COMMISSIONER THALASSERRY MUNICIPALITY Vs. B ABDURAHIMAN

JUDGEMENT

(1.) The short question for consideration in this appeal is whether the period of limitation prescribed under Section 468 of the Code of Criminal Procedure applies to a prosecution commenced in respect of any sum due to a Municipal Council under Section 387 of the Kerala Municipalities Act.

(2.) A comfort station owned by Thalassery Municipality was leased out to the accused-respondent for the period from 1-4-1989 to 31-3-1990 on a monthly rent of Rs. 2635/-. The licence fee was paid only for the months April and May and thereafter defaulted. Notice issued under Rule 31 (1) of Schedule -II to the Act was served on the accused on 2-1-90. The accused having failed to pay the fees within the time allowed in the notice, a distraint warrant was issued for the recovery of the sum. The distraint warrant could not be executed since no movable property of the accused was available within the Municipality. A sum of Rs. 10,514/- was due to the Municipal Council. Hence the complaint by the Municipal Commissioner against the accused for the offence punishable under sub-rule (2) of Rule 32 of Schedule II of the Kerala Municipalities Act, 1960.

(3.) The accused pleaded not guilty to the charge. The Court below acquitted the accused on the ground that cognizance of the offence cannot be taken after a period of six months, the offence being one punishable with fine only. The order of acquittal is under challenge in this appeal filed after obtaining special leave.