Sen, J. - (1.) This is a reference under Section 438, Criminal P. C., by the learned Additional Sessions Judge of Alipore recommending that the conviction of the accused Om Khosla under Section 501, Bengal Municipal Act, 1932, and the sentence passed thereunder of a fine of Rs. 50/-, in default to simple imprisonment for one month, be set aside,
(2.) The facts o the case are briefly as follows : The Electrical Manufacturing Co., Ltd. is a limited Company occupying the premises at 136 Jessore Road within the Dum Dum Municipality. On the information that the company had erected a tin shed and a building on the premises without any . sanction from the South Dum Dum Municipality in spite of notices served on the company to stop the illegal construction, the Commissioners of the Municipality filed a compliant against the company M/s. Electrical Manufacturing Co. Ltd. describing the company as represented by Om Khosla. On receiving the complaint the Magistrate summoned Om Khosla under Section 501, Bengal Municipal Act and after trial convicted and sentenced him as described above. The learned Additional Sessions Judge has recommended his acquittal on the ground that there was no evidence to show what was the relationship between Om Khosla and the Company in question. The learned Additional Sessions Judge pointed out that under Section 69(3), Cr. P. C. service of summons on an incorporated Company might be effected by serving the same on Secretary, Local Manager or other principal Officer of the company, but in the present case that provision of the law was not complied with.
(3.) Mr. Ajit Kumar, Dutt appearing in support of the reference has urged that in the absence of evidence to show the connection of Om Khosla with the company the conviction cannot be maintained.;