9911796707
TMI Blog1965 (2) TMI 99X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 ₹ 25/- as may be specified. The Magistrate rejected this plea a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on may be endorsed on the licence. (3) Where an accused person pleads guilty and remits the sum specified and has complied with the provisions of sub-section (2), no further proceedings in respect of the offence shall be taken against him, nor shall he be liable to be disqualified for holding or obtaining a licence by reason of his having pleaded guilty." Offences under ss. 112 & 124 of the Act with which the appellants were charged are not included in the first part of the Fifth Schedule to the Act, and the Magistrate was therefore bound to comply with the terms of s. 130(1). There can be no doubt on the plain terms of s. 130(1) that the provision is mandatory. But there was difference of opinion about the nature of the duty imposed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ure prescribed by sub-s. (1) of S. 130. But there is nothing in that sub-section which indicates that he must endorse the summons in terms of both the clauses (a) & (b): to hold that he is so commanded would be to convert the conjunction "or" into "and". There is nothing in the words used by the Legislature which justifies such a conversion, and there are strong reasons which render such an interpretation wholly inconsistent with the scheme of the Act. The procedure in sub-s. (1) of s. 130 applies to cases in which the offence charged is not one of the offences specified in Part A of the Fifth Schedule, but applies to the other offences under the Act. The maximum penalty which is liable to be imposed in respect of these ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the offence, inaptitude shown by the offender or for other reasons, that he is unfit to obtain or hold a driving licence. But if the offender avails himself of the option given to him by the Magistrate of pleading guilty, no further proceeding in respect of the offence can in view of sub-s. (3) of s. 130 be taken against him, and he will not be liable to be disqualified for holding or obtaining a licence, though he may otherwise eminently deserve to be disqualified for holding a licence. It is true that to an offence punishable with imprisonment in the commission of which a motor vehicle was used S. 130(1) does not apply: see Sch. Five Part A Item 9. But there are offences under the Motor Vehicles Act which do not fall within that descr ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
