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Issues:
1. Interpretation of Section 130 of the Motor Vehicles Act regarding the mandatory nature of summons endorsement. 2. Discrepancy between the Sessions Judge's and High Court's interpretation of the duty imposed by Section 130(1) on the Court taking cognizance of an offence. 3. Discussion on the discretion of the Magistrate in issuing summons for offences not specified in Part A of the Fifth Schedule. 4. Examination of the potential consequences of allowing offenders to plead guilty and remit a fine under Section 130(1)(b) for serious offences. Analysis: The case involved a dispute regarding the interpretation of Section 130 of the Motor Vehicles Act, specifically focusing on the mandatory nature of the summons endorsement required by the provision. The appellants argued that the Magistrate's failure to make the necessary endorsement on the summonses deprived them of the right to plead guilty without appearing in court and remit a specified amount. The Sessions Judge believed that non-compliance with Section 130(1)(b) rendered the proceedings unlawful, while the High Court held a different view, stating that the Magistrate had the discretion to issue summonses without the specified endorsement. The Court delved into the provisions of Section 130, emphasizing that the requirement for summons endorsement was mandatory for offences not listed in Part A of the Fifth Schedule. However, it clarified that the Magistrate was not obligated to endorse the summons in terms of both clauses (a) and (b), as that would go against the legislative intent. The Court highlighted that the provision aimed to provide an option for minor infractions, ensuring a streamlined process for offenders to plead guilty and remit a fine not exceeding Rs. 25. Furthermore, the judgment explored the potential repercussions of allowing offenders to plead guilty and remit a fine, especially in cases of serious offences warranting maximum penalties. The Court underscored that such a lenient approach could enable individuals guilty of severe violations to escape significant punishment by paying a nominal amount. Additionally, the Court discussed the Magistrate's authority to disqualify offenders from holding a driving license, emphasizing the importance of considering the gravity of the offence before granting leniency through the plea of guilty. Ultimately, the Court upheld the High Court's interpretation, dismissing the appeal and affirming that the Magistrate retained discretion in issuing summonses for offences not specified in Part A of the Fifth Schedule. The judgment rejected the contention that offenders could compound serious offences by paying a specified amount, aligning with the legislative intent to balance leniency for minor infractions with appropriate penalties for more severe violations.
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