Gujarat High Court Criminal Manual (subordinate court practice), 1977
The Magistrates should scrupulously follow the amended provisions of section 130 of the Motor Vehicles Act, 1939, which are as follows :— "130. SUMMARY DISPOSAL OF CASES (1) The court taking cognizance of an offence under this Act,— (i) may, if the offence is an offence punishable with imprisonment under this Act, and, (ii) shall, in any other case, state upon the summons to be served on the accused person that he— (a) may appear by pleader and not in person, or (b) may by a specified date prior to the hearing of the charge plead guilty to the charge by registered letter and remit to the court such sum (not exceeding the maximum fine that may be imposed for the offence) as the court may specify : Provided that nothing in this sub-section shall apply to any offence specified in Part A of the Fifth Schedule. (2) Where the offence dealt with in accordance with sub-section (1) is an offence specified in Part B of the Fifth Schedule, the accused person shall, if he pleads guilty to the charge, forward his licence to the court with the letter containing his plea in order that the conviction 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." In this connection attention of the Magistrates is drawn to the observations of the Supreme Court in the case of Puransingh and another Vs the State of Madhya Pradesh, A. I. R. 1965, S. C. 1533. The instructions contained in paragraph 186 should, to the extent applicable be followed in dealing with the cases under section 130, Motor Vehicles Act, 1939.