SECRETARY PUDUNAGARAM GRAMA PANCHAYAT Vs. A SALEEM

JUDGEMENT

(1.) THE Secretary, Pudunagaram Grama Panchayat who was the complainant is S. T. Case No. 2305/96 on the file of the Court of the Judicial Magistrate of First Class. Chittur, is the appellant in this appeal. The first respondent herein who was the accused in the said case was prosecuted by the appellant under Sec. 74 of the Kerala Panchayats Act, 1960 read with Rule 26 of the Keral Panchayats (taxation and Appeal) Rules, 1963.

(2.) THE case of the prosecution can be briefly stated as follows: the accused was the highest bidder in the auction held by the complainant/panchayath to conduct the fish market in the said Panchayath for the one year period commencing from 1-4-1995 and ending on 31-3-1996. The total bid amount was Rs. 30,100/ -. On 20-3-1995 he deposited Rs. 10,040/ -. He ought to have paid the balance amount on or before 30-9-1995. But he committed default in the payment of the balance amount. As on 30-9-1995 a sum of Rs. 20,068. 75 including notice charges was due from him. Eventhough distraint proceedings were attempted by the Panchayath, the same were in vain since he had no properties to be proceeded against. It was thereafter that the present a prosecution was launched under Sec. 74 of the Kerala Panchayaths Act, 1960 read with Rule 26 of the Kerala Panchayaths (Taxation and Appeal) Rules, 1963.

(3.) ON the accused pleading not guilty to the particulars of the offence read over and explained to him, the prosecution was permitted to adduce evidence in support of its case. The prosecution examined 4 witnesses as P. Ws 1 to 4 and got marked seven documents as Exts. P1 to P7.