STATE OF M P Vs. NARENDRASINGH MANNALAL

JUDGEMENT

(1.) THIS is an appeal against the acquittal preferred by the State against the order of acquittal dated 28th January 1978 passed in favour of the respondent from the offences under rules 25, 13, and 8 -A of the Madhya Pradesh Entertainment Duty Rules passed by the Muncipal Magistrate Indore.

(2.) A prosecution was launched against the respondent along with three others alleging that one of the accused persons who was made accused No. 1 was the Manager of a Cinema house known as Prakash Talkies Indore where as the other accused persons including the present respondent were the partners thereof. It was alleged that there has been non -compliance with the provisions contained in rules 8 and 13 of the Entertainment Rules consequently it is an offence punishable under rule 25.

(3.) LEARNED counsel for the appellant State contended that the learned Court proceeded to dispose of the case on the plea of guilty whereas in fact the present respondent did not plead guilty. He therefore contended that the Court below should have proceeded with the recording of evidence and then dispose of the case. It was also contended that the respondent being a partner is admitted and therefore if this is considered without any evidence being a partner he falls within the ambit of the definition of the term "Proprietor" and therefore is liable to be convicted.