ORDER :- This is a reference made by the learned Sessions Judge under Section 438 of the Code of Criminal Procedure. The recommendation, in substance, made by him is that the sentence of fine of Rs. 150/- imposed by the learned Magistrate for an offence under Sec. 48(3) (vii) of the Motor Vehicles Act, 1939, read with the relevant rules thereunder and conditions of permit, is in excess of the maximum limit of fine provided under Section 112 and, therefore, it should be set aside.

2. The material facts leading to this reference are that the respondent was tried summarily for contravening the provisions of Section 48(3)(vi) of this Act. (Clause (vii) mentioned is a mistake). The accusation against him was that on 26th September, 1968, at 19.30 hrs. he had carried, in a bus driven by him, 30 extra passengers. The learned Magistrate dealt with this case as a summons case, under Chapter XX of the Criminal Procedure Code (hereinafter referred to as "the Code"). He tried it summarily in accordance with the provisions of Chapter XXII of the Code. The respondent in his examination denied that he had taken extra passengers. The number of such extra passengers was 30. The prosecution examined

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