KRISHI UPAJ MANDI SAMITI Vs. RAJENDRA PRASAD JAIN

JUDGEMENT

(1.) THE appellant, the Krishi Upaj Mandi Samiti, Khairthal, District Alwar, is aggrieved by the judgment dated 30.01.2010, passed by the Additional Chief Judicial Magistrate, Behror, District Alwar, whereby the learned Magistrate has acquitted the accused-respondent, Rajendra Prasad Jain, for offences under Sections 17/28(2) of the Rajasthan Agriculture Produce Markets Act, 1961 ('the Act', for short).

(2.) THE brief facts of the case are that the complainant-Secretary, Krishi Upaj Mandi Samiti, Khairthal, District Alwar, had submitted a complaint against the accused-respondent ostensibly on the ground that he had received information from the Secretary, Krishi Upaj Mandi Samiti, Muzaffarnagar (U.P.) that the firm M/s Nakora Agency, Bheror along with the firm Ravi Shankar & Company, Behror, had imported jaggery and sugar from Muzaffarnagar, upon which, they were legally bound to pay Mandi fees of Rs.22,567/- for jaggery, and Rs.3,355/- for sugar, totaling Rs.25,922/-. However, they failed to so. THErefore, the provisions of the Act were violated. In order to buttress its case, the complainant examined four witnesses and submitted one document. THE defence neither examined any witness, nor submitted any document. After going through the oral and documentary evidence, as stated above, vide judgment dated 30.01.2010, the learned Magistrate acquitted the accused-respondent. Hence, this leave to appeal before this Court.