KRISHI UPAJ MANDI SAMITI Vs. DAMODAR LAL

JUDGEMENT

(1.) THE appellant, the Krishi Upaj Mandi Samiti, Bharatpur, is aggrieved by the judgment dated 20.07.2007, passed by the Additional Chief Judicial Magistrate No.1, Bharatpur, whereby the learned Magistrate has acquitted the accused-respondents for offences under Sections 17 and 27-B of the Rajasthan Agriculture Produce Markets Act, 1961 ('the Act', for short).

(2.) THE brief facts of the case are that the accused-respondents were carrying business of notified agriculture produce in the Mandi area, Bharatpur. THEy have a licence from the Krishi Upaj Mandi Samiti. On 24.09.2000, it came to the notice of the appellant-mandi that the accused-respondents are doing the business of selling of notified agriculture produces outside the Mandi area, but they are not paying the ?mandi fee? in this regard. This information was based on certain inquiries made from the Sales Tax Department. THErefore, the accused-respondents had failed to pay ?mandi fee? from the year 1991 to 2001. Despite the summoning of the relevant record from the accused-respondents, they failed to produced the same before the appellant. THErefore, the appellant alleged that the accused-respondents had evaded a ?mandi fees? of Rs.80,379/-. Hence, according to the appellant, the accused-respondents had committed offences under Sections 17 and 27-B of the Act. In order to buttress its case, the appellant had examined a single witness and had submitted eight documents. THE accused-respondents neither examined any witness, nor submitted any document. After going through the oral and the documentary evidence, the learned trial court acquitted the accused-respondents. Hence this criminal leave to appeal before this court.

(3.) HENCE, this Court does not find any perversity or illegality in the impugned judgment. This criminal leave to appeal is devoid of any merit. It is, hereby, dismissed.