LAWS(PAT)-2019-7-99

VISHNU SUGAR MILLS LIMITED Vs. STATE OF BIHAR

Decided On July 19, 2019
VISHNU SUGAR MILLS LIMITED Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The petitioners have challenged the order of cognizance dated 06.08.2014 passed, in Government Complaint Case No. 19 of 2014 corresponding to Trial No. 1462 of 2014, by the learned Chief Judicial Magistrate, Gopalganj whereby the learned court below has asked the petitioners to face the trial for offences under Sections 53 and 52 of the Bihar Sugarcane (Regulation of Supply and Purchase) Act, 1981 (hereinafter referred to as the "Act").

(3.) Petitioners are M/s Vishnu Sugar Mills Limited and its office-bearers. Allegation in the complaint petition is that for the season 2013-14, the mill purchased cane to the quantum of 50.36 lacs quintal from the cane growers and the cost of the same was Rs.12200.75/- lacs but the petitioners made payment to the cane growers only to the tune of Rs.6997.32/- lacs and did not make payment of the remaining amount of Rs.5203.43/- lacs as on 15.06.2014. As such, the complaint petition was filed by the Cane Officer with prior approval of the Cane Commissioner.