BALKRISHNA KARKERA Vs. K J MISHRA

JUDGEMENT

(1.) The petitioner has filed the present Revision Petition challenging his conviction by the learned Metropolitan Magistrate, 29th Court, Dadar, Bombay, under S. 394 (1) (e) (i) read with Section 471 of the Bombay Municipal Corporation Act as also the sentence of fine of Rs. 200/-, in default to suffer simple imprisonment for 30 days imposed on him.

(2.) The brief facts leading to the prosecution of the Petitioner, who was original Accused No. 2 before the Trial Court, are the following:- Accused No. l was the Personnel Officer of Messrs, Indian Tools Manufacturers Limited which has its factory at Sion (hereinafter referreed to as the Company). Accused No. 2 was a caterer running a canteen. By an Agreement dated 16th March 1974, Accused No. 2 agreed to operate a canteen in the factory premises of the said Company at Sion on the terms and conditions contained therein.

(3.) On 2-12-1976 at about 12.45p.m. Padinalthu Abraham (P. W. 1), an Inspector in the employ of the Bombay Municipal Corporation, visited the factory premises of the said Company. Abraham enquired with Accused Nos. 1 and 2 whether they had obtained a licence under Section 394 (1) (e) of the B. M. C. Act, whereupon he was informed that no such licence or permit had been obtained either by Accused No. 1 or by Accused No. 2. Abraham then reported this matter to his superior. Abraham also put up an Offence Sheet and obtained sanction to prosecute the two Accused. At the Trial with the consent of parties, the Agreement as between the said Company and Accused No. 2, D/- 16-3-1974 had been tendered and marked Ex. "E".