RAM SEWAK Vs. STATE

JUDGEMENT

(1.) This revision arises out of a prosecution under the Motor Vehicles Act (hereafter referred to as the Act). Ram Sewak was found driving a jeep motor car with six passengers on hire. The accused did not hold a permit for using the jeep car as a taxi. He was, therefore, prosecuted under the Act. He pleaded guilty. The trial court accepted the plea and convicted the accused. He was fined Rs. 60 Under Sec. 112 and was fined Rs. 590 Under Sec. 123 of the Act. The court recommended that registration of the vehicle be suspended fop 60 days. An appeal filed by Ram Sewak was dismissed by the Civil and Sessions Judge, Gorakhpur. Ram Sewak has, therefore, come to this Court in revision.

(2.) It will be noticed that the Applicant has been convicted under two separate Ss. of the Act. The scope of the two Ss. will have to be discussed separately.

(3.) Firstly, we may consider the applicability of Sec. 123 of the Act. Sub -section (1) of Sec. 123 of the Act states: