1. - This appeal is directed against the order of the Judicial Magistrate, Chhittoregarh dated 6-7-1976 whereby the respondent was acquitted of the breach of the Rules 4, 5 and 5(a) punishable under Rule 22 of the Payment of Wages (Mines) Rules, 1956.

2. Shri K.K. Ahlowalia, Labour Enforcement Officer P.W. 1 along with Shri J.D. Sharma, Assistant Labour Commissioner P.W. visited the mine of respondent on 15-1-1974 at about 1 P.M. He found that 12 male and 25 female labourers were working on the mine. He asked for the attendance Register, Payment of Wages Register, Employees B Register, Advance Register, Fines Register and Deductions Register from Shri Shankerlal, the owner and lease holder of the mine. Shri Shankerlal admitted that no registers are kept. The requisite notices were also not pasted at the mines. Inspection memo Ex. P. 1 was prepared to which Shri Shankerlal appended his signature and Shri J.D. Sharma also signed, the same. The memo also contained a show cause notice. A copy of that memo was delivered to Shri Shankerlal but Shri Shankerlal did not submit his reply A reminder dated 23-3-1974 was also sent to Shri Shankerlal under registered A.D. which was also