NETRAM AGARWALLA Vs. STATE

JUDGEMENT

(1.) This is a petition for revision of an order made by Sri J. M. Sarkar, Magistrate, 1st Class, Raiganj, on 25/8/1954, by which the petitioner was convicted under Section 6(1), Cinematograph Act (Act 2 of 1918) for contravention of the provisions of Section 3 of that Act and sentenced to a fine of Rs. 100.00 in default to suffer simple imprisonment for one month.

(2.) Against this order of conviction and sentence, an application was made to the Sessions Judge of West Dinajpur for a reference to this Court with the recommendation that the conviction of and the sentence imposed upon the petitioner her set aside. The learned judge by an order dated 16-11-1954 declined to interfere. Thereafter the petitioner applied to this Court and obtained the present Rule.

(3.) The case for the prosecution briefly stated is that the petitioner is the proprietor of the Mahabir Talkie House in respect of which one N. Roy Choudhury was the lessee under him. The petitioner had a permanent licence renewable annully on payment of a fee of Rs. 30/-. The last licence issued in his favour expired on 20-4-1954 but before the licence was renewed, he allowed cinema exhibitions to be held in the talkie house during the period 23rd of April to the 5th of May 1954. In these circumstances it was alleged that the petitioner had contravened the provision of Section 3, Cinematograph Act of 1918 and he thereby committed an offence punishable under Section 6(1) of that Act.