IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35660 of 2008 P.B.Vyas ( Paresh Biharilal Vyas) son of Late Bihari Lal Vyas, Director, Vidyut Metallics Private Ltd., Head Office at Wagle Estate, Lal Bahadur Shastri Nagar, Thane (Mumbai); P.S. L.B.S., Police Station, District- Thane (Mumbai), State of Maharashtra; Branch office of M/s Vidyut Metallic Pvt. Ltd., at Adars Colony, Kidwaipuri, Patna. …. Petitioner Versus The State Of Bihar …. Opposite Party ----------- 2. 14.07.2011. Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State. This application has been filed challenging the order dated 24.05.2008 by which the Court has rejected the application under Section 205 of the Code of Criminal Procedure. On perusal of facts, it appears that the Labour Court had sent the matter to the Court for the purpose of taking cognizance against the petitioner for the offence alleged to have been committed under Section22 of the Minimum Wages Act. The plea raised before the Labour Court was that one of the persons who was an employee of the petitioner has been subsequently paid his wages whereas the others were not the employee of the petitioners’ Company. It is being submitted that the maximum punishment for violation of Section-22 imprisonment which may extend six months or with fine which may extend Rs. 5,00/- or both. This Court finds that the petitioner is a Director of M/s Vidyut Metallic Pvt., and he is living and doing his business at Mumbai for the purposes of business, his address has been shown at Patna. 2 In the circumstances, I do not see any justification for not allowing the application under Section 205 of the Criminal Procedure Code. This Court, however, observes that the petitioner may take steps under Section 265B of the Criminal Amendment Petition by which the process of plea-bargaining has been introduced by the legislature. If such an application is filed on behalf of the petitioner, it ought to be considered by the Court, and disposed of by imposing a fine on the petitioners’ Company for not compliance of the provisions of the Bihar Minimum Wages Act. This application is disposed of with the aforesaid observation. Md. Ibrarul (Sheema Ali Khan ,J.)