CITY CORPORATION TRIVANDRUM Vs. T. WILDER

JUDGEMENT

(1.) THIS appeal is from the judgment of the Corporation First Class Magistrate,Trivandrum in C.C.483/58 acquitting the accused who stood charged with an offence punishable under sections 283 and 384 read with section 375 of the Trivandrum City Municipal Act,IV of 1116.

(2.) THE prosecution case is as follows:"The accused was the manager and licensee of the Delight Restaurant Stall housed in building T.C.No.467 of the Chenthitta Ward situated in the Central Railway Station premises.He failed to take out a licence from the City Corporation for conducting the restaurant for the year 1957 -58.The Corporation issued Ext.P1 notice warning him that if he did not pay up the fee he would be prosecuted.The accused did not pay the fee as demanded and the Corpo­ration prosecuted him under Act IV of 1116.

(3.) THE Corporation has taken the matter in appeal before us.Though the accused has personally accepted notice of the appeal he did not care to put in appearance.The State was represented by the Public Prosecutor who supported the appellant and urged for the reversal of the order of acquittal.