# District Judges should inform the Court the total number of cases under the Motor

- **Citation:** C.L. No. 82/Admn.(A)
- **Court:** Allahabad High Court
- **Decided:** 1979-07-23
- **Case number:** C.L. No. 82/Admn.(A)
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/district-judges-should-inform-the-court-the-total-number-of-cases-under-the-163512
- **Pages:** 1

## Text

311
C.L. No. 82/Admn.(A) dated 23rd July, 1979

District Judges should inform the Court the total number of cases under the Motor
Vehicles Act pending in their districts, the number which can be tackled with the aid of
section 130* (Now Section 208 M.V. Act 1988) of Motor Vehicles Act and the
requirement of clerks and funds. The following scheme is to be put in effect:-
1. The Magistrates dealing with the cases under the Motor Vehicles Act shall
tentatively fix the amounts of fine imposable for the various offences. They
shall, so far as possible, be uniform among the various Magistrates deciding
such cases. The District Judge may informally meet the Magistrates to
canalize this.
2. Five copies of the notice under section 130* of the Motor Vehicles Act are to
be prepared in respect of each case. One of the notices is to be sent through
the Police agency; the second notice is to be sent by registered A.D. post; third
and the fourth copies to be sent to the A.R.T.O. (Enforcement) concerned for
onward transmission to the R.T.O. concerned and the fifth copy shall remain
on the file of the case.
3. To facilitate the work of the transport authorities, the notices may be sorted
out R.T.O. office wise and sent in separate bundles along with lists of the
notices. The R.T.O. concerned would serve the accused and then return to the
court one of the notices in token of service.
4. Normally two-month long dates shall be fixed in the notices.
5. The accused may deposit the amount of fine indicated in the notice either
through a crossed bank draft or money order or in cash in the court.
6. If the fine amount is received in the court by the date mentioned in the notice,
the case shall be closed by the Magistrate. If the fine amount is not deposited
by the said date and the accused does not appear on that date, the court shall
take recourse to processes compelling attendance as provided in the law. If the
accused appears and contests the case, the case may be decided on merits.
7. A separate register shall be maintained for entering of the fines received in
Motor Vehicles Act cases. The money orders etc., shall be received by the
Presiding Officer himself and each entry of deposit in the register shall be
initialed by the Presiding Officer.
(viii) Petty cases
C.L. No. 77/IV h-36 dated 28th May, 1976
(i)
Offences punishable with imprisonment for 2 years or less are to be
treated as petty offences.
(ii)
The Magistrate should dispose of a petty criminal case within 30 days of
the submission of the charge sheet.

* Now Section 208 M.V. Act, 1988