PURAN SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Station House Officer, Gharsiwa filed an information in the Court of the Magistrate, First Class, Raipur, against the two appellants complaining that they had on March 10, 1962 allowed three passengers to occupy the front seat in a public carrier and had loaded goods in excess of the sanctioned weight, and had thereby committed offences punishable under Ss. 124 and 112 of the Motor Vehicles Act 4 of 1939. The Magistrate issued process against the appellants for their appearance in Court by pleader, but did not make any endorsement thereon in terms of S. 130 (1) (b) of the Act. The appellants submitted that the summonses served upon them were not according to law and the Magistrate by failing to make an endorsement on the summonses as required by cl. (b) of sub-s. (1) of S. 130 of the Act had deprived them of the right conferred by the Act to intimate without appearing in Court their plea of guilty and remitting an amount not exceeding Rs. 25 as may be specified. The Magistrate rejected this plea and directed that the case against the appellants be "proceeded further according to law".

(2.) The Sessions Judge, Raipur in a petition moved by the appellants made a reference to the High Court of Madhya Pradesh recommending that the order passed by the Magistrate be set aside, for in his view the Trial Magistrate having failed to comply with the mandatory terms of S. 130 (1) (b) the proceeding against the appellants was unlawful. The High Court of Madhya Pradesh declined to accept the reference. Against that order, with certificate granted by the High Court, the appellants have preferred this appeal.

(3.) Section 130 of the Motor Vehicles Act which occurs in Ch. IX which relates to "offences, penalties and procedure" provides: