- (1.) THIS is an appeal by the State under Section 417 of the Criminal P. C. against an order of acquittal passed by the City Magistrate of Bundi on 21-11-1953,
(2.) THE police challaned Motilal, Manager of the Mitra Bahudhandi Sahkari Samiti ltd. , Bundi, and Ramchander, driver of the Bus No. RJG 134 to the Court of the city Magistrate, Bundi, on the allegation that when the said bus was checked on 11-7-1353, on Bundi-Nainwa Road, it was found that the driver had no permit for plying the vehicle on that road. The bus, it is said, belongs to the aforesaid Samiti of which Motilal is the manager. A case under Section 42 read with Section 123 of the Motor Venicles Act of 1939 was challaned against both the accused persons. The learned City Magistrate held that Motilal being the Manager of the Samiti could not be held liable under Section 42 read with Section 123 of the Motor Vehicles Act as Section 42 covered the case of an owner of a motor vehicle only and Section 123 was not wide enough to cover the case of a manager of a company. As regards Ramchander driver, the learned Magistrate held that as the scope of section 42 of the Motor Vehicles Act was limited to the case of an owner only, a driver could not be punished under Section 123 for the contravention of Section 42. The learned Magistrate followed the decisions of the Allahabad High Court in uma Shanker v. Rex, AIR 1950 All 234 (A) and Jagroop v. Bex, AIR 1952 All 276 (B ).
(3.) IT is urged by Mr. R. A. Gupta on behalf of the State that the view taken by the learned Magistrate is erroneous. He has referred to a Single Bench decision of this court in Kalyanlal v The State, AIR 1954 Raj 250 (C) in which it has been held as follows : "it is no doubt true that Section 42 (1) imposes the duty on the owner of a transport vehicle, but it would appear from the language of Section 123 (1) that it is much wider in its scope than Section 42 (1), as it imposes a penalty not only on the owner but also on a person who drives a motor vehicle or causes or allows a motor vehicle to be used or lets out for use in contravention of the provisions of Sub-section (1) of section 42. To my mind, Section 123 (1) makes the contravention of the provisions of Sub-section (1) of Section 42 punishable not only for the owner of a transport vehicle, but also for any other person who drives it". ;