S B AGARWAL Vs. STATE OF U P

JUDGEMENT

(1.) THIS reference has been made by the Additional Civil and Sessions Judge, Agra, recommending that the order of Sri H. M. Saran, City Magistrate, Agra dated 22-11-1971 be set aside and the compalint filed by the Apprenticeship Advisor be dismissed as barred by limitation. The facts lie within a narrow campus.

(2.) ON 28-6-1971 a complaint was filed in the court of City Magistrate, Agra, against Surajbhan Agarwal and another under Section 2(3) read with Section 30(1)(c) of the Apprentices Act, 1961, herinafter referred to as the Act, alleging that as a result of survey of the shop in question on 14th October, 1970 in pursuance of Section 8(3) of the said Act a notice was issued on 30th November, 1970 to engage apprentices as prescribed by the Act. Thereafter a show cause notice dated 29th April, 1971 was issued which was not complied with. Hence the complaint was filed. The accused filed an application contending that the complaint having been filed beyond the period of limitation of 6 months was not maintainable and the proceedings should be dropped. The learned Magistrate rejected that application, whereupon a revision was preferred before the Sessions Judge. The learned Additional Civil and Sessions Judge, Agra who heard the revision has observed that the complaint was filed beyond the period of limitation of 6 months and has made reference making the aforesaid recommendations. Sec. 33 of the Act provides that no court shall take cognizance of any offence under this Act except on a complaint made by the Apprenticeship Advisor within six months from the date on which the offence is alleged to have been committed.