- (1.) THIS is a reference made by a learned single Judge of this Court while hearing Criminal Revision No. 394 of 1979 (Rang Bahadur v. State ).
(2.) THE question referred has not been formulated by the learned Judge. On perusing the order of reference and the judgment of the learned Sessions Judge dated 8-12-1978 which gave rise to the revision application before this Court, we find that the question referred to us appears to be: In a case to which the provisions of Section 130 of the Motor Vehicles Act (hereinafter referred to as the Act) apply, will Section 130 of the Act become inapplicable merely because the accused appeared before the Court without being summoned? The relevant facts are that Mini Bus bearing registration No. U. T. T, 7181 driven by the applicant was checked at 5. 00 p. m. on 21-11-1978 and violation of several provisions of the Act were detected. The applicant appears to have appeared before the Mobile Court which was functioning in the area just after the complaint was filed and pleaded guilty for offences punishable under Sections 123, 112 and 124 of the Act and was fined Rs. 500/-, Rs, 100/- and Rs, 100/- respectively. The applicant went up in appeal before the learned Sessions Judge, Varanasi, who set aside the conviction and the sentence passed under Section 124 of the Act, but maintained the conviction and the sentences under Sections 123 and 112 of the Act.
(3.) THE learned Sessions Judge observed: As to the non-observance of the provisions of Section 130 of the Act, this is a case in which the driver voluntarily appeared before the Court and as such it will have no application vide In Re: M. Maruthi, which pronouncement also considered the earlier Calcutta and Supreme Court pronouncements on the subject.;