M.L. Shrimal, J. - (1.) THIS appeal has been preferred by the State of Rajasthan against an order of the Sub -Divisional Magistrate, Banswara dated January 20, 1971 dismissing the complaint case No. 10 of 1970 on account of the default in appearance of the complainant Labour Inspector, Dungarpur and acquitting the accused under Section 247 Cr.P.C.
(2.) THE material facts are that the Labour Inspector, Dungarpur Radheyshyam Sodani made a complaint against the respondents Bhawani Shanker and others under Sections 22 and 22B of the Minimum Wages Act, 1948. The case was registered on January 22, 1970. All the accused were served by February 6, 1970. On February 25, 1970 a copy of the complaint was given to the accused persons & the case was adjourned for April 16, 1970. On April 16, 1970 the learned Magistrate was out of station and as such the case could not be taken up and was adjourned to May 28, 1970. On May 28, 1970 the complainant was present but the accused persons were absent and as such the case was adjourned to June 26, 1970, On June 26, 1970 again the accused parsons were absent. On August 14, 1970 though the complainant was present but the accused persons were absent and boilable warrants were ordered to be issued against them. Thereafter the accused persons presented themselves before the court, and the order for issuing the warrant was withdrawn. On September 17, 1970 though the complainant was present, the accused were absent. On October 20, 1970 the learned Magistrate was busy in some other work and as such the case could not be taken up. On November 18, 1970 though the complainant was present vet the accused were not present as such the case could not be taken up. On December 23, 1970 the learned Magistrate was out of station and as such the case could not be taken up. On this date also though the complainant was present yet the accused were absent and bailable warrants in the sum of Rs. 200/ - were ordered to be issued against them, and the case was adjourned for January 20, 1971. On 20 -1 -1971 neither the accused nor the complainant were present in the court, A telegram was received by the court purported to have been issued by the complainant and making a request to the effect that due to the Government work be had to go out on tour and as such the case may be adjourned, The learned Magistrate found the reason for adjournment to be insufficient and dismissed the case and acquitted the accused under Section 247 Cr.P C. Being aggrieved by the verdict of acquittal the State of Rajasthan has come up in appeal.
(3.) AFTER the admission of the appeal, a notice was issued to the respondents stating that the appeal filed by the State of Rajasthan challenging the order of acquittal dated January 20, 1971 passed in favour of the respondents by the learned Magistrate, Banswara in Criminal Case No. 10 of 1970 was admitted and that it would be taken up for hearing on June 15, 1972. The notice of this date was served on the respondent Maganlal on June 12, 1972. The notice of other respondents were not served. As such fresh notices were issued and ultimately the notices issued by the office on November 22, 1972 fixing the date of bearing as December 20, 1972 were served on the remaining respondents on December 15, 1972 but the respondents have not chosen to appear and contest the appeal. It has been heard in their absence.;