(1.) The petitioner is the owner of motor lorry No. 630. He was prosecuted on the ground that he allowed the driver of the motor lorry to drive it at an excessive speed at 5-30 in the evening of the 23 October last on Lower Circular Road, and thereby committed an offence under Rule 16 of Part II of the Rules regulating the use of motor vehicles in Calcutta, framed under Section 11 of Act VIII of 1914, the Indian Motor Vehicles Act, 1914.
(2.) The petitioner was not in the motor lorry at the time of the alleged offence, and had cautioned the driver not to exceed the regulation speed, and to drive with due care and caution.
(3.) The petitioner was convicted, on the 17 January last, by the Additional Presidency Magistrate, and fined Rs. 15: the driver of the motor lorry admitting that he drove at an excessive speed.