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1994 DIGILAW 770 (RAJ)

Naseer v. State

1994-09-22

N.L.TIBREWAL

body1994
JUDGMENT 1. - All these three petitions are being disposed of by a common order as an identical prayer has been made by the learned counsel for the petitioner in all the petitions. 2. In a complaint under Section 630 of the Indian Companies Act, the petitioners herein were found guilty of the offence under Section 630 (1)(B) of the Act and a penalty of fine of Rs. 100/- was imposed on each of them. Two months' time was granted to the petitioners to vacate the quarters occupied by them with a further direction that in case the quarter is not vacated, each one of them shall undergo a sentence of six months. This order was passed by the learned Special Judicial Magistrate (Economic Offences), Rajasthan vide his judgment dated, 18-09-1993. The appeals preferred by the petitioners were also dismissed by the learned Additional District & Sessions Judge No. 3, Jaipur City, Jaipur. 3. The only prayer made by the learned counsel for the petitioners is that the quarters have been vacated by all the petitioners some-time in the month of August 1994, so the period of two months given by the trial Magistrate to vacate the quarter should be extended till the period the quarter has been vacated in August, 1994. Learned counsel appearing for the complainant admits that the quarters have been vacated and possession of the same has been handed over to the Company. Learned counsel for the Company has also no objection if the time is extended till the end of August 1994 for vacating the quarters. 4. As the prayer of the learned counsel appearing for the petitioners is not opposed by the learned counsel for the complainant, I think it just and proper that the time awarded to the petitioners to vacate the quarters be extended till the end of August, 1994. 5. Consequently, this petition is allowed in part. The order/judgments of the learned Courts below are maintained with the modifications that the time to vacate the quarter is extended till the end of August, 1994. As it is the admitted case of the non-petitioners that the quarters have been vacated before the end of August, 1994, the default clause shall not apply to the accused-petitioners 6. The petitions are disposed of as indicated above.Petition allowed. *******