KRISHI UPAJ MANDI SAMITI Vs. RISHABH CHANDRA

JUDGEMENT

(1.) PETITIONER Krishi Upaj Mandi Samiti through its Secretary, has preferred this appeal against the judgment of acquittal dated 5. 12. 1991 passed by learned Munsif & Judicial Magistrate, Chhabra (for short `the learned trial Court') in criminal misc. case No. 188/85, whereby he acquitted the accused respondent for the offence under Sections 28 (1) and 28 (2) of the Krishi Upaj Mandi Act, 1961 (for short `the Act of 1961') by giving him benefit of doubt.

(2.) AS per the case of the prosecution, the Secretary, Krishi Upaj Mandi Samiti, Neem-ka-Thana, (in short `the Samiti') submitted a complaint to this effect that accused purchased leaves of Tendu in the sum of Rs. 422252. 75 without any licence and on the aforesaid leaves, mandi shulk amounting to Rs. 4222. 53 is payable and on this amount, late fee is made as Rs. 3824. 00. He further stated in the complaint that the accused has not paid the aforesaid amount and thus, by violating the sections 28 (1) and 28 (2) of the Act of 1961, he has committed the offence punishable under the law. He further stated in his complaint that an amount of Rs. 8046. 53/- ought to be deposited by the accused.

(3.) AFTER conclusion of the trial, the learned trial Court vide its judgment dated 5. 12. 1991 acquitted the accused-respondent.