MADRAS STATE WAKF BOARD Vs. TAJMUL HUSSAIN

JUDGEMENT

(1.) This appeal has been preferred by the complainant, the Madras State Wakf Board, against the order of acquittal of the accused, Tajmul Hussain, by the Sixth Presidency Magistrate, Saidapet, Madras. The accused is the Mutavalli of the wakf known as Nabhi Khan Gatak mosque alias Kasab Kadai mosque at Courtalam road, Tirunelveli town. The accused as the Mutavalli of the mosque is required under Sec. 32 of the Wakf Act, 1954 (hereinafter called the Act) to furnish statement of accounts to the complainant board. But he failed to submit the accounts for the years 1956 -57 to 1962 -63. He was prosecuted under Sec. 41(1)(b) and (i) of the Act.

(2.) P.W. 1, the legal assistant to the Board stated in evidence that the accused had not submitted accounts even though by notice dated 17th December 1964 he was asked to submit the accounts from 1956 -57 to 1962 -63. The accused also did not submit the budget estimates as required under Sec. 31 of the Act. Ex. P. 3 Is the notice issued by the complainant to the accused and Ex. P. 4 is the postal acknowledgment.

(3.) The accused when questioned under Sec. 342 , Code of Criminal Procedure, stated that for the years 1956, and 1957 to 1959 he could not keep accounts and hence he did not send accounts. He Further stated that in the year 1960 he sent the accounts and the accounts of 1961 were checked by the Inspector. According to him. since 1962, because of the meagre income and the stoppage of allowance, he did not submit accounts. He also added that after 1962, no expenses were incurred. He contended that there has been no wilful default on his part.