SABARMATI ASHRAM GAUSHALA Vs. STATE GOVERNMENT

JUDGEMENT

(1.) All these applications are filed under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code' for short) for quashing and setting aside the Criminal Case Nos.181 of 1997 (new number 1913 of 1999) and 182 of 1997 (new number 1912 of 1999) filed by the present respondent no.2-original complainant before the learned Chief Judicial Magistrate, Matar, District Kheda, Criminal Case Nos. 621 of 1997 and 622 of 1997 filed by the present respondent no.2-original complainant before the learned Chief Judicial Magistrate, Mehamdavad, District Kheda. The aforesaid criminal complaints are filed against the applicants under the provisions of the Payment of Bonus Act, 1965 (hereinafter referred to as 'the Act of 1965' for short) mainly alleging that the applicants-accused have violated the provisions contained in Rule 4(A), 4(B), 4(C) and 5 of the Payment of Bonus Rules, 1975 (hereinafter referred to as 'the Rules of 1975' for short) as well as violated the provisions contained in Sections 26, 27(4), 19(B) of the Act of 1965 and thereby committed offence punishable under Section 28 of the Act of 1965. The issue involved in all these applications is similar and therefore all these applications are heard and disposed off together.

(2.) Heard learned advocate Mr.Saurin Mehta appearing for Nanavati & Nanvati Advocates for the applicants and learned APP Mr.N.J.Shah appearing for the respondent-State.

(3.) 3.1 Learned advocate Mr.Mehta for the applicants mainly contended that the provisions of the Act of 1965 and Rules framed thereunder would not be applicable to the accused no.1 i.e. Sabarmati Ashram Gaushala as the said institution is incorporated not for profit making activity. In support of the said contention, learned advocate has referred to additional affidavit which is produced at page 59 in Criminal Miscellaneous Application No.5356 of 2005, more particularly, to paragraph 6 and submitted that for the period 1994-95, the income of the applicant no.1 was Rs.1,89,28,086/- whereas the net surplus for the said year after deducting the expenses was Rs.11,97,239/-. Similarly, for the year 1995-96, the total income was Rs.2,02,73,299/- whereas the net surplus after deducting all the expenses was Rs.5,12,950/-. Thus, factually it is pointed out by learned advocate for the applicant no.1-Gaushala is not established for profit making activity.