REGIONAL TRANSPORT OFFICER SHIMOGA Vs. NAGENDRA

JUDGEMENT

(1.) The State being aggrieved by the order dated 10-9-1990 passed in C.C. No. 4904 of 1990 by the learned Munsiff and Additional J.M.F.C., Bhadravati imposing a fine less than the statutory minimum on the respondent-accused, has preferred this appeal for enhancement of the sentence of fine.

(2.) The brief facts of the case are as follows : The respondent-accused was charge - sheeted before the learned Munsiff and Additional J.M.F.C., Bhadravati punishable under Section 190 (2) of Central Motor Vehicles Act, 1988 read with Rule 115(2) of the Central Motor Vehicles Rules, 1989. The respondent-accused appeared before the learned Magistrate and pleaded guilty for the offences alleged against him, whereupon the learned Magistrate imposed a fine Of Rs. 100/- as against the respondent-accused.

(3.) It is the said order now under challenge by the State before this Court on the ground that the statutory minimum fine that could have been imposed by the learned Magistrate would have been a minimum sum of Rs. 1,000/-.