Motor Vehicles Act, 1988 - CHAPTER XIII OFFENESES, PENALTIES AND PROCEDURE - section 208 and section 209

CHAPTER XIII
OFFENESES, PENALTIES AND PROCEDURE
 section 209 and section 210

  208. Summary disposal of cases, - (1) The Court taking cognizance of any offence (other than an officer which the Central Government may, by rules specify in this behalf)  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 through pleader or in person, or

(b)   may, by a specified date prior to the hearing of the charges, plead guilty to the charge and remit to the Court, by  money order, such sum ( not exceeding the maximum fine that may be imposed for the offence) as the Court may specify, and the plea of quilt indicated in the money order coupon itself.

  Provided that the court shall, in the case of any of the offences referred to in  sub-section (2), state upon the summons that the accused person, if he pleads guilty, shall so plead in the manner specified in clause (b) and shall forward his driving license to the Court with his letter containing such plea.

  (2) where the offence dealt with in accordance with sub-section (1) is an offense specified by the Central Government by rules for the purpose of this sub-section , the Court shall, if the accused person pleads guilty to the charge and forward his driving license to the Court with the letter containing his plea, make an endorsement of such conviction on his driving license.

  (3) where an accused person pleads guilty  and remits the sum specified and has complied with the provisions of sub-sections (1) and (2), no further proceedings in respect of the offense shall be taken against him or nor shall be liable, notwithstanding anything to the contrary contained in this Act, be be disqualified for holding or obtaining a license by reason of his having pleaded guilty.

  209. Restrictions on conviction, - No person prosecuted for an offense punishable under section 181 of section 184 shall be convicted unless-

(a)     he was warned at the time the offence was committed that the question of prosecuting him  would be taken into consideration, or

(b)   within fourteen days from the commission of the offence, a notice specifying the nature of the offense  and the time and place where it is alleged to have been committed was served on or sent by registered post to him or the person registered as the owner of the vehicle at the time of commission of the offense, or

(c)    within twenty eight days of the  commission of the offense, a summons for the offence was served on him.

  Provided that nothing in this section shall apply where the Court is satisfied that-

(a)    the failure to serve the notice referred to in this sub-section was due to the fact neither the name and address of the accused or the name and address of the registered owner of the vehicle could with reasonable diligence have been ascertained in time, or

(b)   such  failure was brought  about by the conduct of the accused.

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