1. The petitioners are accused in C. C No 1620/79 on the file of the judicial Magistrate of Second Class, Attingal. The first petitioner is the owner and the second petitioner is the driver of a bus K R T. 2349 plying on the Vamanapuram-Chirayinkil route On September 24, 1979 at about 11 am., the Assistant Motor Vehicles Inspector checked the bus while it was plying on the route and found that there was no valid fitness certificate as it had been suspened on 23rd September 1979 On these allegations, the petitioners were prosecuted before the above mentioned Magistrate for an offence punishable under S.38 read with S.22 and 127 of the Motor Vehicles Act, hereinafter called the Act. When the petitioners appeared before the Magistrate, they pleaded guilty and the Magistrate accepting their plea, convicted and sentenced each of them to pay a fine of Rs 300 and in default to suffer simple imprisonment for one month. The permit of the vehicle was also suspended for a period of one month. on appeal before the Chief Judicial Magistrate, their convictions and sentences were confirmed The Court of Session, in revision, upheld the appellate order.

2. The accused have now come up be