CHAIRMAN, MUNICIPAL COUNCIL Vs. THIRUNARAYANA AIYANGAR

JUDGEMENT

(1.) This is an application to revise the order of the Sub-divisional First Class Magistrate of Chidambaram acquitting the accused in a prosecution launched by the Municipal Council of Chidambaram under Section 338(b) read with Secs.249 and 321 of the District Municipalities Act.

(2.) The facts of the case are. The respondent, a coffee-hotel keeper, had a license for carrying on business of coffee-hotel keeper for the year 1926-27. As he disobeyed the order of the Chairman in connection with some matter not connected with the license, the Chairman gave notice that he had cancelled his license. Notwithstanding the cancellation, the respondent continued to carry on business as coffee-hotel keeper and he was prosecuted for keeping a coffee-hotel without a license as required by Section 249 and Schedule V of the District Municipalities Act. The learned Sub-divisional Magistrate acquitted the respondent on the ground that the prosecution had failed to prove that there was any justification for the order cancelling the license. The Chairman, Municipal Council, Chidambaram, has preferred this Criminal Revision Petition.

(3.) The contention of Mr. T. R. Ramachandra Aiyar for the petitioner is that it was not open to the Magistrate to consider the question whether the cancellation was proper or improper and that after the license was cancelled the respondent carried on business without a license and therefore he is liable to be punished under Section 338(b).