JUDGMENT

K.G.BALAKRISHNAN, CJI - Government of Karnataka represented by Senior Labour Inspector, 8th Circle, Bangalore, lodged a complaint under Section 200 of the Code of Criminal Procedure against the appellant, who was the Managing Director of M/s. Hewlett Packard Global Soft Ltd., in the Court of the Metropolitan Magistrate (TC-3), Bangalore, for taking cognizance of an offence punishable under Section 30(3) of the Karnataka Shops & Commercial Establishments Act, 1961 ('Act' for short) for violation of Section 25 of the said Act. Learned Magistrate took cognizance by order dated 30.12.2005 and directed issue of notice to the appellant. The appellant filed a petition under Section 482 of Cr.P.C. for setting aside the said order dated 30.12.2005 and for quashing the complaint. The High Court, by order dated 28.3.2006, rejected the prayer for quashing the complaint, but altered the offence in respect of which cognizance was taken as one under Section 30(1) read with Section 25 of the said Act. The said order of the High Court was challenged by the appellant in this appeal.

2. The appeal was heard by a Bench consisting of H.K.Sema and Markandey Katju, JJ. By the main judgment dat