(1)When any moneylender or any servant or agent of, or any person responsible for the management of the money-lending business of, money-lender knowingly and wilfully commits, authorises or permits any default in complying with, or any contravention of, any provision of this Act, if the money-lender or such servant, agent or person is-(a)an individual, such individual, or(b)an undivided Hindu joint family, any member of such family who is knowingly and wilfully a party to such default or contravention, or(c)a body corporate, any director or officer of such body who is knowingly and wilfully a party to such default or contravention, or(d)an unicorporated body, any member of such body who is knowingly and wilfully a party to such default or contravention, shall, where a specific penalty has been provided in this Act, be punishable under the provisions of this Act providing such penalty, and where no such specific penalty has been provided, be punishable on conviction-(i)for the first offence, with fine which may extend to two hundred rupees,(ii)for the second offence, with fine which may extend to five hundred rupees, and(iii)for any subsequent offence, with rigorous imprisonment which may extend to three months and shall also be liable to fine.(2)No Court shall take cognizance of an offence punishable under subsection (1) except on the complaint in writing of the [State] [Word substituted for the word 'Provincial' by the Adaptation of Laws Order. 1950.] Registrar or a Registrar or of a person authorised in this behalf by the [State] [Word substituted for the word 'Provincial' by the Adaptation of Laws Order. 1950.] Registrar or a Registrar.(3)The [State] [Word substituted for the word 'Provincial' by the Adaptation of Laws Order. 1950.] Registrar may order the withdrawal of a complaint made under sub-section (2), and, if he does so, shall forward a .copy of such order to the Court, and upon receipt thereof by the Court, no further proceedings shall be taken on the complaint.(4)No Court inferior to that of a Presidency Magistrate or a Sub-divisional Magistrate or a Magistrate of the first class shall try an offence punishable under sub-section (1).
