VIJAY GUPTA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By virtue of the present petition preferred under Sections 397 and 401, read with Section 482, Code of Criminal Procedure, the Petitioners have approached this Court assailing the order dated 6.9.1997 of the learned Additional Chief Judicial Magistrate, Dehra, whereby they have been summoned to face trial for the offence under Section 20(7) of the Himachal Pradesh Shops and Commercial Establishments Act, 1969 (hereinafter referred to as 'the Act').

(2.) As per the version of the prosecution, the two Petitioners are the Directors of Messrs. Saptloki Hotels (P) Limited. The said company is running a Hotel under the name of Hotel Mateshree at Jawalamukhi. The Hotel premises were inspected by the Inspector, Shops and Commercial Establishment, Dehra, on 31.3.1997 at about 4 p.m. During the course of such inspection, it was found that the Petitioners with the intention to deceive the employees of the Hotel, were making/maintaining false record inasmuch as though less wages were being paid to the employees, namely, S/Shri Dalip Singh, Kanwar Singh, Shiam Singh, Des Raj, Ravi Mukhia, Chhotu Ram (I) and Chhotu Ram (II), a higher wage has been shown and entered as having been paid to such employees. The Petitioners are having full knowledge of such false record. Since there was a contravention of Section 20 (7) of the Act, which is punishable under Section 25 of the Act, a complaint for the prosecution of the two Petitioners was presented before the learned Magistrate on 9.6.1997.

(3.) The learned Magistrate took cognizance of the offence on 10.7.1997 and directed the summoning of the two Petitioners for prosecution for the offence punishable under Section 25 of the Act.