RAMESH KUMARS Vs. DARSHAN SINGH AULAKH

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned counsel for the respondent -complainant.

(2.) THIS is a petition filed under Section 482 Cr.P.C. seeking the quashing of the complaint, a copy of which has been placed on record as Annexure P -2 dated 15.3.1990 under rule 39 of the Punjab Agriculture Produce Markets (General) Rules, 1962 (for short Rules 1962) read with Section 39 of the Punjab Agriculture Produce Markets Act, 1961 and subsequent proceedings arising therefrom. The petitioner has, inter alia, alleged that the present complaint Annexure P -2 is the third in sequence. Petitioners' two complaints have already been dismissed. The first complaint was dismissed in default in 7.7.1988, whereas the second complaint was dismissed under the provisions of Section 204(4) Cr.P.C. by the Chief Judicial Magistrate, Chandigarh vide order dated 14.3.1990 and thereafter, this complaint dated 15.3.1990 was filed. The petitioners seek the quashing of this complaint on the ground that the same complaint, which was earlier dismissed under Section 204(4) Cr.P.C. could not be filed afresh and as such, the learned Chief Judicial Magistrate could not take recognizance of the impunged complaint Annexure P -2. The continuance of such a complaint amounts to an abuse of process of Court and the petitioners seek the quashing thereof under the provisions of Section 482, Cr.P.C.

(3.) NOTICE of the petition was issued to the respondent -complainant who put in appearance and filed written statement of Shri D.S. Aulakh, A.M.D.O. [Presently D.G.M. (E)] Punjab State Agriculture Marketing Board, Chandigarh and the stand taken in the written statement in paras 7 and 8 is that since the prosecution before the Chief Judicial Magistrate, Chandigarh was launched for non - payment of market fee under Section 23 of the Act which is to be paid within four days is a continuing offence and as such a fresh complaint before the Chief Judicial Magistrate will not be barred in law. The delegation of prosecution powers under Section 39(2) of the Act issued by the Punjab State Agricultural Marketing Board with Agenda Item No. 6 is enclosed with the written statement as Annexure R.1.