R. P. GUPTA, J. ( 1 ) THIS petition under Section 482 of the Code of Criminal Procedure is directed against a summons to the petitioner issued by the Metropolitan Magistrate, 6th Court Calcutta u/s. 145 of the Merchant Shipping Act, 1958, therein after referred to as 'the Act'. The objection taken mainly, which has been mooted at the Bar by the Id. Counsel for the petitioner is that this summons is illegal as it is titled as "summons to an accused person" thereby suggesting that the petitioner has to appear as an accused person and if they so appear they have to be put to bail as an accused person. The assertion is that proceedings u/s. 145 of the Merchant Shipping Act, 1958 is a proceeding for recovery of unpaid wages of a seaman against the person liable to pay. It is not a proceeding of trial as an accused. ( 2 ) SECTION 145 of the Merchant Shipping Act, 1958 is in following terms : 'recovery of wages'. "145 (1) A seaman or apprentice or a person duly authorised on his behalf may, as soon as any wages due to him become payable, apply to any judicial Magistrate of the first class or any Metropolitan Magistrate, as the case may be, exercising jurisdiction in or near the place at which his service was terminated or at which he has been discharges, or at which any person upon whom the claim is made is or resides and such Magistrate shall try the case in a summary way and the order made by such Magistrate in the matter shall be final. (2) An application under sub-Section (1) may also be made by any officer authorised by the Central Government in this behalf by general of special order. " ( 3 ) I may further notice that Section 436 of this Act lays down that certain omissions and actions under some of the provisions of the Act are offences punishable with various fines, enlisted in an annexed table. The present proceedings before the Magistrate was not under Section 436 of this Act. " ( 3 ) I may further notice that Section 436 of this Act lays down that certain omissions and actions under some of the provisions of the Act are offences punishable with various fines, enlisted in an annexed table. The present proceedings before the Magistrate was not under Section 436 of this Act. ( 4 ) SECTION 436 of the Merchant Shipping Act, 1958 reads as follows :"436 (1) Any person who contravenes any provision of this Act, or fails to comply with any provision thereof which it was his duty to comply with, shall be guilty of an offence; and if in respect of any such offence no penalty is specially provided in sub-Section (2), he shall be punishable with reference to such offences respectively." ( 5 ) A perusal of these provisions clearly shows that Section 145 is restricted to procedure of recovery of wages by a seaman or apprentice who has not been paid his due wages. In this proceedings the opposite party will not be called and accused but the procedure of recovery which is described is a summary procedure. So in a summary procedure the Magistrate will adjudicate as to what is due to the applicant from the opposite party and make an order to that effect that the opposite party should pay the same. That will amount to a levy of that amount against the opposite party and in case of non-compliance the Magistrate will have all the jurisdiction to enforce recoveries of the amounts as in case of fines. ( 6 ) THUS, in my view, issue of the summons was not in any manner bad except that its title was misleading in so far as it mentioned that it is a summons to an 'accused' person for trial of an offence. In such proceedings the opposite party is not an accused. If he is required to for offence u\s. 436 (1) of the Act, summons must specify it. In this case, the summons refers to Section 145 of the Act only. So it was a summons for recovery proceedings. With these observations, I dismiss this petition. The Magistrate will proceed with the recovery proceedings in a summary manner as laid down under Section 145 of the Merchant Shipping Act, 1958. ( 7 ) I direct the parties to appear before the Id. Magistrate on 19th of September, 1995. So it was a summons for recovery proceedings. With these observations, I dismiss this petition. The Magistrate will proceed with the recovery proceedings in a summary manner as laid down under Section 145 of the Merchant Shipping Act, 1958. ( 7 ) I direct the parties to appear before the Id. Magistrate on 19th of September, 1995. ( 8 ) LET this order is communicated to the Court of Id. Metropolitan Magistrate, 6th Court, Calcutta through Special Messenger at the cost of the petitioner which will be deposited within three days. Order accordingly.