LAWS(KAR)-2013-1-354

AGRICULTURAL PRODUCE MARKET COMMITTEE Vs. VENKATESH

Decided On January 11, 2013
AGRICULTURAL PRODUCE MARKET COMMITTEE Appellant
V/S
VENKATESH Respondents

JUDGEMENT

(1.) This appeal is against the order acquitting the respondent for the charge under Section 8(1)(d) of the Karnataka Agricultural Produce Marketing (Regulation and Development) Act, 1966 (hereinafter referred to as 'the Act' for short) on a trial held by the JMFC, Mandya.

(2.) The appellant filed a private complaint under Section 200 of Cr.P.C. to initiate action against the respondent for the charge under Sections 8, 65 and 66 of the Act. The appellant came to know that on 28.1.1999 the respondent had sold 20 quintals of rice worth of Rs.14,000/- through bills without obtaining the license. The marketing committee had issued two notices calling upon the respondent as to show cause as to action should not be taken for the violation of the said provisions. The appellant is said to have visited the premises on 7.4.1999 at about 11.30 a.m. with the staff and on verification no documents were produced in respect of the transactions made, and despite the show cause notice there is no compliance, a complaint came to be filed before the Trial Court for the aforesaid offences. During the trial, the appellant examined PW1 and in his evidence the documents Exs.P1 to P3 were marked. The Trial Court after hearing the counsel for the parties and on appreciation of the material on record, has acquitted the respondent for the said charges. Aggrieved by the order, the present appeal has been filed.

(3.) I have heard the learned counsel for the appellant.