STATE OF GUJARAT Vs. SHATRUNJAYA EXPRESSOR LTD

JUDGEMENT

(1.) BEING aggrieved and dissatisfied with the impugned judgment and order passed by the learned Magistrate First Class, Umargaon ('ld.Magistrate', for short) on 26.8.1997, in Criminal Case Nos.642/1997 and 643/1997, the State of Gujarat preferred these appeals under Section 377 of the Code of Criminal Procedure, 1973 ('Code', for short). Since the facts and the question of law involved in both these appeals are common, and on behalf of both the parties common arguments were advanced in connection with both these appeals, both these appeals are disposed of by this common judgment.

(2.) THE original complainant Government Labour Officer filed two criminal complaints against the respondent -accused for the offence punishable under Section 9(2) of the Payment of Gratuity Act, 1972 ('Act', for short) on account of breach of Rule 4(1) of Rule 19 of Payment of Gratuity (Gujarat) Rules, 1973. The accused appeared before the ld.Magistrate, and it transpires that the accused pleaded guilty and therefore, the ld.Magistrate accepting the plea of guilt, passed the impugned judgment and order dated 26.8.1997, whereby the accused was sentenced to undergo imprisonment till rising of the Court and to pay fine of Rs.500/ -.

(3.) ON behalf of the appellant State, learned A.P.P. Mr.Mengde drawing the attention of this Court to Sub -section 2 of Section 9 of the Act stated that the sentence prescribed by the statute is imprisonment for one year, but which shall not be less than 3 months or a fine to the extend of Rs.20,000/ -, but which shall not be less than Rs.10,000/ - or both. Therefore, it was submitted that the sentence imposed is inadequate, even in context of statutory provisions contained in the Act. Therefore, it is submitted that the appeal be allowed by setting -aside the impugned judgment and order passed by the ld.Magistrate, and the accused be appropriately punished in accordance with law.