RICHARD JOSEPH D'SOUZA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioner, who is original accused in Criminal Case No. 404/S of 1996, decided by the Additional Chief Metropolitan Magistrate, 37th Court, Esplanade, Bombay, has filed the present Criminal Revision Application. The learned Magistrate by his order dated 17th December, 1997, held the petitioner guilty of the offence under Section 630 of the Companies Act and setenced him to pay a fine of Rs.1,000/- per month for 59 months, in default to suffer R.I. for one year. Against that order, the petitioner preferred Criminal Appeal No.36 of 1997, to the Sessions Court, Greater Bombay, and the Additional Sessions Judge by his order dated 16th April 1998 dismissed the appeal and confirmed the order of conviction, but with slight modification in sentence viz. S.I. in lieu of R.I. in regard to sentence in default of payment of fine as aforesaid. It is this order of the Additional Sessions Judge, Greater Bombay, which is impugned in the present Revision Application.

(2.) THE brief facts which are stated by Respondent No.2 - Company are as under:

(3.) I have heard Shri D'souza, petitioner in person for considerable length of time, Mr. Vashi for Respondent No.2 - Company and Mr. Adsule, A.P.P. for the Respondent No.1 - State. Petition has raised the following points for my consideration.