STATE Vs. S. R. CHAUDHRY AND OTHERS,

JUDGEMENT

(1.) : This is a revision (sic) against an order of acquittal acquitting the accused S. R. Chaudhry Proprietor and Hari Shanker Manager of M/s. Union Dyers and Dry Cleaners Birhana Road, Kanpur of an offence under Sec. 28 of the U. P. Shops and Commercial Establishment Act. On the 25th of Nov., 1958, the Inspector appointed under the said Act visited the shop at 9.55 p.m. The time under the Act for closing the shop was 9 p.m. The Inspector found that the door was open and a few people were inside the shop including the Manager. The Inspector in cross-examination has admitted that he saw no customers and he was unable to say whether only one light was burning or all the lights were burning and that the Manager was looking into his accounts. Nobody took or gave any cloth at that time.

(2.) The defence produced by the accused was that the shop had been closed at 9 p.m. where after the Manager was looking into the accounts. D. W. 1 (Durga Pd.) and old customer had been produced to say that he had been refused cloth at 9.15 p.m. To the same effect is the statement of D. W. 2 (Lallan) an employee of the shop that the shop had been closed at 9 p.m.

(3.) Upon these facts the Magistrate held that the shop was not open and that the accused had committed no offence within the meaning of the Act.