JUDGMENT

Ashutosh Kumar, J. The petitioner is the owner of Auto Rickshaw bearing no. DL 1RP 5127 (TSR) and holder of permit bearing no. DL 1 RP 5127. For violation of licence/permit rules, the vehicle of the petitioner was challaned on 28.06.2014. The petitioner appears to have been prosecuted for such violation of provisions of Motor Vehicles Act (hereinafter referred as `MV Act') and was slapped with a fine of Rs.3,000/- by the learned Metropolitan Magistrate, Tis Hazari Courts, Delhi. The learned Metropolitan Magistrate directed for release of the vehicle of the petitioner on payment of the aforesaid fine.

2. The vehicle of the petitioner, though, was released but the documents namely permit and registration papers were held back. The petitioner was handed over a show cause notice under Section 86 of the MV Act, 1988.

3. The notice under Section 86 of the MV Act reads as follows:

NOTICE UNDER SECTION 86 OF M.V. ACT, 1988

Whereas it has been reported that vehicle No.DL1RP5127 (TSR) plying under route No. Under State Permit/State Carriage Permit No.____________ valid upto ___________ committed traffic violation of permit violation was prosecuted vide challan No-25680057 on 28-Jun-14 by TI INSPR BHAGWAN SINGH in the area of CIVIL LINES circle Delhi. MM Delhi has imposed a fine of Rs.3,000/- on the driver.

Whereas the traffic violation committed by the said vehicles amounts to violation of the permit condition.

Now therefore, I, DURGA PRASAD JOSHI, Asstt. Commissioner of Police, Traffic-North District in exercise of power delegated Under Section 68(5) read with 86(4) M.V. Act, 1988 by STA vide resolution No.1/98 dated 25.05.1998 hereby require you Shri/Smt. RAJESH KUMAR, S/o Sh. SHIV RAJ SINGH R/o 9/4208, GALI NO.11, AJIT NAGAR, GANDHI NAGAR, DELHI. Permit holder to show cause as to why said permit should not be suspended for period of 30 days for the said violation within seven days of the receipt of this notice. Your reply should reach the undersigned by 25-Jul-2014 at 11:00 AM. You may also appear before the undersigned along with reply if so desired. It may please be noted that notice shall be decided ex-parte in case you fail to file the reply on the stipulated date and time.

Note: Original document PERMIT is kept in this office upto 25-Jul-2014 for further proceeding.

(DURGA PRASAD JOSHI)

ASSTT. COMMISSIONER OF POLICE

TRAFFIC, NORTH DISTRICT, DELHI."

4. The petitioner replied to the aforesaid notice stating that he had pleaded guilty and a fine was imposed by the learned Metropolitan Magistrate for violation of the conditions of the permit. However, it was stated by him that Section 208(3) of the MV Act prohibits any further proceedings with respect to the offence committed, if the offender has already pleaded guilty and has remitted the fine.

5. Section 208 of the MV Act reads as hereunder:

208. Summary disposal of cases.