Ranawat, J.—This is an appeal by the State under sec. 417 of the Criminal Procedure Code against an order of acquittal passed by the City Magistrate of Bundi on the 21st of November, 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 the 11th of July, 1953, on Bundi-Nainva Road, it was found that the driver had no permit for plying that vehicle on the road. The bus, it is said, belongs to the aforesaid Samiti of which Motilal is the manager. A case under sec. 42 read with sec. 133 of the Motor Vehicles Act of 1939 was challaned against both the accused persons. The learned City Magistrate held that Motilal being the Manager of the Samati could not be held liable under sec. 42 read with sec. 123 of the Motor Vehicle Act as sec. 42 covered the case of an owner of a motor vehicle only and sec. 123 was not wide enough to cover the case a manager of a company. As regards Ramchander driver, the learned Magistrate held that as the scope of sec. 41 of the Motor Vehicles Act was limited to the case of a

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