M.A.A. Khan, J. - (1.) Heard the learned counsel for the parties.
(2.) The petitioners in this case are the owners and managers of M/s. Ceramics India Ltd. Industrial Area, Bhiwari, Distt. Alwar. They are alleged to have committed the offence of non-fencing the machineries in their factory, being an offence under section 21 and punishable Under section 92 of the Factories Act, 1948 (the Act). The Inspector Factories and Boilers, Bhiwari, has filed the complaint against the petitioners for having committed the aforesaid offence on 29.4.89. It was alleged by the complainant that the non-fencing of the machineries by the petitioners had led to causing fatal injuries to one Amar Chand Guard on 26.4.89. When the Inspector had inspected the factory premises, the Belt Conveyor and the Roller, whereat Amar Chand had sustained injuries were found un-covered. The inspector accordingly filed the complainant before the concerned Magistrate.
(3.) On 24.10.90 a request was made by the counsel of J.K. Dholkia. petitioner, that the plea of guilty of the accused be recorded and that the case be decided through his counsel Sh. Pavan Kumar. The learned Magistrate recorded the plea of guilty of the accused through his counsel and imposed a fine of Rs. 500/- upon him. Thereafter, on the adjourned date of hearing, i.e. 9.1.91, Sh. B.D. Agrawal, another petitioner, made a similar request through his counsel and the learned Magistrate recorded plea of guilty through his counsel and imposed the same amount of fine upon him.;