UNITED WESTERN BANK LTD Vs. SUDHAKARRAO DHONDIRAM PANDHARIKAR

JUDGEMENT

(1.) This criminal appeal arises out of an order of acquittal by the learned Judicial Magistrate, First Class, Latur, in favour of respondent No. 1 on 4th February, 1981 in Criminal Case No. 1917 of 1980. "the complainant initiated the proceedings before the learned Magistrate charging the respondent-accused with commission of offences punishable under Sections 448, 352, 504 and 506 of the Indian Penal Code.

(2.) It is undisputed that the respondent-accused in this case - is the owner of House No. 2/20 situated in Tilak Nagar locality of Latur. The Northern back portion on first floor is rented to the Bank since about October, 1970. The premises are taken by the Bank on the lease for the residence of Branch Manager. The name of the Bank is United Western Bank Ltd. It is said that the rent was at the rate of Ks. I75|- per month till October, 1978. Then a notice was sent to the Bank by the respendent-accused on 10th November, 1978 for terminating the tenancy. It appears that there was some dispute about the rate of rent. It is alleged in the complaint that the respondent- accused demanded increased rent. The Bank refused to give increased rent or vacate the premises The demand of rent made by the respondent was Rs. 300/- per month. It is alleged that the respondent-accused threatened the complainant Branch Manager. Meanwhile, on 27th April, 1980 the Branch Manager then posted at Latur was transferred and the present complainant came in his place. He wanted to occupy the premises on 28th April, 1980 at 5.30 a.m. The complainant was resisted by the accused from entering into the premises and by that time it was found that the premises were locked. It is said that on 28th April, 1980 and further on 7th May, 1980 the respondent- accused threatened the Bank Manager and assaulted the complainant and also abused him in filthy language. So, the complainant could not occupy the premises. Thus, it is said that the respondent had committed trespass on the premises in contravention of the provisions of the Rent Act.

(3.) In paragraph 11 of the complaint, the complainant has stated that he was instructed by the Head Office to file a civil suit as also a criminal case. With these allegations, the complaint was filed on 3rd October, 1980. It was also affirmed on that date. The learned Magistrate issued process on the same day The date of commission of offence is given as 7th May, 1980 in the complaint.