DURGA PRASAD SONI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) :- The main question of law that arises for consideration in this revision is whether an appeal lies under Sec. 374, Cr. P.C. against the judgment of the Addl. Judicial First Class Magistrate convicting the accused-petitioner for an offence under Section 23 of the Market Committee Act and sentencing them to pay a fine of Rs. 100/- each; in default to suffer one month S.I. and further directing that in the event the accused failing to pay the market fee due, they shall pay a further fine at Rs. 5/- per day for the period of which the contravention continues or whether the bar imposed under S. 376(c), Cr. P. C. of 1973 applies and the appeal is not maintainable.

(2.) The facts of the case are: The Agricultural Market Committee, Nizamabad, filed a complaint against the two petitioners herein alleging that the said petitioners obtained a licence for conducting business in the area of the Market Committee and in pursuance of the licence they purchased the agricultural produce which came into the market at Nizamabad on various dates i.e., with effect from 15-1-1983 to 16-12-1984, and thus they are liable to pay the market fee of Rs. 52,806-40 ps. on the purchases made by them. The Market Committee called upon the accused through a show cause notice dated 18-2-1984 (Ex. P.4) issued to the first petitioner to pay the above market fee. On their failure to pay this market fee, another show cause notice dated 25-2-1984 was also issued, but the same was returned. Thus the petitioners have voluntarily and deliberately failed to pay the market fee, thereby contravening the provisions of sub-sec. (2) of Sec. 12 of the (A. P. and L. S.) Market Act, 1966 (for short "the Act") and the Rules framed thereunder. Therefore the accused are liable to be punished u / S. 23 of the Act and the Rules made thereunder. The Assistant Secretary of the Market Committee was stated to have been authorised to launch prosecution against the petitioners, vide resolution dated 31-3-1984 (Ex. P.5).

(3.) After notices, the accused appeared and documents were supplied to them. They were examined under Sec. 251, Cr. P.C. The accused denied the offence.