( 1 ) THIS is an appeal by the State against an order of the Judicial second Class Magistrate, Hindupur, acquitting the respondent of an offence under section 313 read with section 249 of the Madras District Municipalities Act, 1920, for running without a licence a 20 H. P. Oil Engine, a 20 H. P. Electric Motor and a 6 H. P. Steam Engine in his factory at Hindupur during the period 1st April, 1956 and 2 6th April, 1956.

( 2 ) THE facts which are not in dispute, are as follows :- the respondent had obtained a licence for running the machinery for the year ending with 31 st March, 1956. On 28th March, 1956, he sent an application to the executive Authority for renewal of his licence together with the required fee as also an additional fee for belated application ; but he did not receive any communication from the Executive Authority. The respondent, however, continued to work the machinery. He was prosecuted for running the machinery from 1st April, 1956 to 26th April, 1956 without a licence.

( 3 ) ON these facts the learned Magistrate took the view that since the Municipal authority had not rejected the application submitted by the respondent or sent any communication to the respond

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