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Judgment
B.K. Rathi, J.—The applicant was convicted by the Special C.J.M., Allahabad by an order dated 14.2.2000, for offence u/s 630, Companies Act. He was directed to hand over the possession of the disputed quarter and to pay a penalty of Rs. 200 per month from 10.3.1998 till the possession of the quarter is delivered. Against that order, the applicant preferred Criminal Appeal No. 35 of 2000, which has been dismissed on 10.8.2000, by XI Ith Additional Sessions Judge, Allahabad. The conviction and sentence have been maintained. Aggrieved by it, the present revision has been preferred.
I have heard Sri Kamal Krishan, learned Counsel for the applicant and Sri Atul Mehra, learned Counsel for opp. party No. 2, the complainant of this case.
It is admitted that in pursuance of the order, the applicant has already been dispossessed from the disputed quarter. Therefore, the order as regards the dispossession of the applicant has not been challenged.
It is contended that the applicant was dismissed from the service as he did not pay the price of the furniture. That he has assailed the order of dismissal before the labour court, which is still pending. It is contended that since the date of dismissal, the applicant is without job. That he had no means to pay the damages awarded by the Magistrate. A request has been made for reduction of the amount of penalty.
Considering the circumstances, the revision is allowed in part to the extent that the damages awarded by the Magistrate at the rate of Rs. 200 p.m. are reduced to Rs. 25 per month. With this modification in the sentence, the revision is disposed of finally.