STATE OF RAJASTHAN Vs. RADHEY SHYAM SINGHAL

JUDGEMENT

(1.) Learned counsel for appellant submits that similar criminal leave to appeal No.34/2010 against accused respondent on the same point filed by appellant has been dismissed by Coordinate Bench of this Court vide order dated 19th April, 2010, therefore, present case is squarely covered by the above referred order.

(2.) I have also examined the impugned order dated 27th November, 2009 passed by trial court acquitting the accused respondent of the offence under Section 17 of the Rajasthan Agricultural Produce Markets Act, 1961.

(3.) Learned trial court has observed that from 26th May, 2007, the case was fixed for complainant's evidence and despite grant of several opportunities, no evidence has been led on behalf of complainant, therefore, in absence of any evidence, the accused cannot be convicted.