- (1.) All the revision petitions have been filed against the judgment dated 19.04.1994 passed by the Special Judge, Scheduled Castes & Scheduled Tribes Cases Court, Udaipur (hereinafter "the appellate court") in Criminal Appeal Nos.52/1992, 57/1002, 58/1992 & 61/1992 whereby the learned appellate court dismissed the criminal appeals filed by the accused-petitioners separately and affirmed the conviction and sentence of the accused-petitioners recorded by the learned Chief Judicial Magistrate, Udaipur (hereinafter "the trial court") vide his judgment dated 24/26.08.1983 in Criminal Original Case Nos.21/1979, 22/1979 & 23/1979. By the said judgment, the learned trial court convicted the accused-petitioners for contravention of the Misc. Non-Banking Reserve Bank of India Directions under the Reserve Bank of India Act. The sentence awarded by the courts below is as under : (1) For contravention of Directions 4(B)(ii) under Section 58(b)(v)(a)(i) sentenced to two years' simple imprisonment and a fine of Rs.25,000/-. In default simple imprisonment for three months. (2) For contravention of Directions 5(1)(a)(B) under Section 58(B)(vi) fine of Rs.2,000/-. In default simple imprisonment for fifteen months. (3) For contravention of Directions 6 under Section 58(B)(v)(b)(ii) fine of Rs. 25,000/-. In default three months simple imprisonment. (4) For contravention of Directions 10 under Section 58(B)(ii) fine of Rs.2,000/-. In default fifteen days' simple imprisonment. (5) For contravention of Directions 11 read with Direction 12 under Section 58(B)(ii) fine of Rs.2,000/-. In default fifteen days' simple imprisonment. (Substantive sentences are to run concurrently) Brief facts of the case are that on 30.03.1974, Mr. R.C. Raijada, the then Deputy Chief Officer, Reserve Bank of India, Department of Non-Banking Companies, Northern Region, New Delhi, filed three complaints pertaining to different periods against Upkar Saving and Trading Company (P) Ltd., Udaipur, the present petitioners and one Shri Ram Chander Gotwal (who died during the pendency of the proceedings in the court of the Munsiff and Judicial Magistrate, (South) Udaipur, which was transferred to the Court of the Chief Judicial Magistrate, Udaipur vide order dated 18.01.1979 for contravention of the various provisions of Section 4(2)(b) of the Reserve Bank of India Act (hereinafter "the Act").
(2.) According to the contents of the complaint, Upkar Savings and Trading Company (P) Ltd., Udaipur (hereinafter "the Company") was registered under the Companies Act, 1956 on 30.03.1974 and its registered office was situated at 50, Panch Sheel Marg, Delhi Gate, Udaipur and that the aforesaid Company was a Company within the meaning of Clasue 1 para 31 of the Miscellaneous Non-Banking Reserve Bank Directions (hereinafter "the Directions"). It was alleged that the accused Nos.3 to 5 namely Shri Ram Chander, Shri PUrshottam Deedwania and Shri Narendra Singh Bolia were Directions of the Company at the time of its constitution and Shri Ram Chander Gotwal, accused No.6, joined as a Director on 06.09.1974 and that the accused No.3 Shri Purshottam Deedwania was the Managing Director upto 30.12.1976 and thereafter Shri Ram Chander Kabra became the Managing Director and thus they were all liable by virtue of Section 58(C) of the Act. The Company was also impleaded as accused No.1.
(3.) It has been further alleged that as per Reserve Bank's Directions, 1973 dated 23.08.1973 which became effective on 01.09.1973, the Company was under an obligation to send returns in respect of the period upto 31 st March as well as 30th September but the same were not sent. Again fresh Directions of 1977 became effective from 01.07.1977 but still the obligations under the old Directions of 1973 continued.;