JUDGMENT :

SANJIV KHANNA, J.

Leave granted.

2. The appellant, Dayle De’Souza, is a director of M/s. Writer Safeguard Pvt. Ltd. (hereinafter referred to as ‘the Company’). In 2009, the Company had entered into an agreement titled “Agreement for Servicing and Replenishment of Automated Teller Machines” with M/s. NCR Corporation India Private Ltd., the latter having earlier entered into an agreement with the State Bank of India for maintenance and upkeep of the State Bank of India’s ATMs. On 19th February 2014, the Labour Enforcement Officer (Central) had inspected the State Bank of India’s ATM at AST, Komal Chand Petrol Pump, Civil Lines, Sagar, Madhya Pradesh (hereinafter referred to as ‘the ATM’). On 06th March 2014, a notice was issued by the Labour Enforcement Officer (Central) to the appellant and one Vinod Singh, Madhya Pradesh head of M/s. Writer Safeguard Pvt. Ltd. alleging non-compliance with the provisions of the Minimum Wages Act, 1948 (for short, ‘the Act’) and Minimum Wages (Central) Rules, 1950 (for short, ‘the Rules’) at the ATM. On 02nd April 2014, the Company responded claiming that they neither manage nor work at the ATM. After more than four months, the Labour Enforcement Officer (Central), by letter dated 08th August 2014, informed the appellant and Vinod Singh that they were required to appear in the court on 14th August 2014. On 14th August 2014, the Labour Enforcement Officer (Central) filed a criminal complaint before the Court of the Chief Judicial Magistrate, Sagar, Madhya Pradesh, under Section 22A of the Act. We shall refer to the contents of the complaint later.

3. On the date of presentation of the complaint, that is, 14th August 2014, the Judicial Magistrate, First Class, Sagar, Madhya Pradesh took cognisance of the offence and issued a bailable warrant against the appellant and Vinod Singh in Criminal Case No. 3398/2014. On 01st August 2015, the Company submitted a detailed representation to the Deputy Chief Labour Commissioner (Central), Marhatal, Jabalpur, Madhya Pradesh denying the contents of the notice dated 06th March 2014.

4. Thereafter, on 01st August 2015, the appellant filed a petition M.Cr.C. No. 846/2016 under Section 482 of the Code of Criminal Procedure, 1973 (‘the Code’, for short) before the High Court of Madhya Pradesh at its Principal Seat at Jabalpur for quashing the complaint in Criminal Case No. 3398/2014. By the impugned order in M.Cr.C. No. 846/2016 dated 20th January 2020, the High Court dismissed the petition as sans merit. Hence, the present appeal.

5. Upon perusal of the complaint in question, which is placed on record, we note that two individuals have been enlisted as accused, namely: (i) Dayle De’Souza – the appellant before us, who as per the cause-title is stated to be a director of M/s. Writer Safeguard Pvt. Ltd. and resident of Writer House located in Mumbai, Maharashtra; and (ii) Vinod Singh, who it is stated is the Madhya Pradesh head of M/s. Writer Safeguard Pvt. Ltd. and a resident of Bhopal, Madhya Pradesh. The Company is not enlisted as an accused in the complaint and has not been summoned to stand trial.

6. The complaint, with reference to the two accused, in paragraph 3 states:

“(3) That the accused persons are Contractor who were getting work of cash loading and security of cash through labours and they are responsible for employment and payment of labours employed in said work under said Act, who is Employer under Part 2 (E) of the Minimum Wages Act, 1948.”

It is also alleged in the complaint:

“(4) That the work of said Employer is regulated under Notification No.- S.O. 1284 (E) dated 20.05.2009 of the Government of India and they are Scheduled Employer under Minimum Wages Act, 1948 and Minimum Wages (Central) Rules, 1950.”

7. The complaint states that the inspection on 19th February 2014 had revealed violation of Rules 21(4), 22, 25(2), 26(1) and 26(5) on account of failure to keep and display, as the case may be, the Fine Register Form-1, Register Form-2, the n