G S JOSHI Vs. STATE OF MYSORE

JUDGEMENT

(1.) The petitioner who is the Manager of the State Bank of Mysore. Madhugiri Branch was prosecuted for an offence under Rule 8 of the Mysore Shops and Commercial Establishments Act (hereinafter referred to as the Act read with Rule 26 of the Mysore Shops and Commercial Establishment Rules hereinafter referred to as the Rules.

(2.) The case of the prosecution was that when the Labour Inspector. Madhugiri Circle inspected the Bank he found that the Manager did not maintain the Leave with Wages Register in form No. F and, therefore the Labour Inspector filed a charge-sheet against the petitioner on 22-8-1969 on the ground that he the petitioner) had contravened Rule 8 of the Rules and therefore liable for punishment under Rule 26 thereof.

(3.) The accused pleaded not guilty to the charge. The Labour Inspector was examined as PW. 1. Relying on his evidence the learned Magistrate was of the opinion that the offence was proved and therefore he convicted the accused under Rule 8 read with Rule 26 of the Rules and sentenced him to pay a fine of Rs 25/- in default to undergo simple imprisonment for three days. This order of conviction and sentence is challenged by the accused in this revision petition. The contentions which were urged and not found favour before the learned Magistrate have been pressed before me for consideration. It was firstly contended that the Magistrate could not have taken cognizance of the offence as there was no complaint as required under Section 31 (1) of the Act Section 31 of the Act provides for the procedure stating that no prosecution under the Act or the Rules or orders made there under shall be instituted save on a complaint in writing by an Inspector. The contention of the learned Counsel for the petitioner was that the charge-sheet filed by the Labour Inspector on 22-8-1969 cannot be said to be a complaint within the meaning of the word 'complaint' defined under Section 4 (1)(h) of the Code of Criminal Procedure. Section 4 (1)(h) Cr. P.C. defines 'complaint' as: 4 (1)(h) 'complaint': 'Complaint' means the allegation made orally or in writing to a Magistrate with a view to his taking action under this Code that some person whether known or unknown has committed an offence but it does not include the report of a police officer. The above-said charge-sheet was written by the Labour Inspector and made to the Magistrate. I do not think that it cannot be regarded as a complaint within the meaning of Section 4 (1)(h) Cr. P.C. The first contention therefore deserves to be rejected.