Krishai Upaj Mandi Samiti vs M/S Singal Seeds And Ors
2022 Latest Caselaw 7326 Raj

                                           (1 of 2)                  [CRLA-780/2001]


      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                   S.B. Criminal Appeal No. 780/2001

Krishai Upaj Mandi Samiti
                                                                     ----Appellant
                                      Versus
M/s Singal Seeds And Ors
                                                                   ----Respondent


For Appellant(s)            :     Mr. Dhanesh Saraswat
For Respondent(s)           :     Mr. AR Choudhary, PP
                                  Mr. GR Goyal



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                       Order

17/05/2022

      This leave to appeal under Section 378(4) Cr. P.C., has been

filed for the following relief :-


      "It is, therefore, respectfully prayed that this leave to appeal may
      kindly be allowed and this petition may be treated as an appeal on
      regular number. The impugned judgment may kindly be set aside
      and the accused respondent may be convicted and sentenced in
      accordance to law."



      The brief facts of the case are that a complaint was filed by

complainant in the court of Additional Civil Judge (Junior Division)

& Judicial Magistrate No.1, Sri Ganganagar against the accused

stating therein that he is working as Secretary, Krishi Upaj Mandi

Samiti, Sri Ganganagar. The firm is license holder firm of the said

Mandi Samiti. The firm was obtained the license in the year

1986-87. On 01.06.1987 the business place of accused was

inspected by Secretary, Krishi Upaj Mandi Samiti, Sri Ganganagar.

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                                                                              (2 of 2)                [CRLA-780/2001]


                                   It was further stated that accused firm is doing the business of

                                   'Agricultural Produce'. During the investigation accused non-

                                   petitioners No.2 & 3 were present there and at that time

                                   656.41 quintal wheat was available there, which was unpaid i.e.

                                   Mandi Fee. It was further stated that the above material was

                                   seized and presented before the Court on dated 02.06.1987. The

                                   above material was released by the court on Supurdaginama to

                                   the accused firm. The accused himself produced the statement

                                   regarding brought and sold of agricultural produce in the period of

                                   1884-85, 1885-86 & 1886-87 before the Mandi Samiti. It was

                                   found that in the above period total sum of Rs.30,962.97/- Mandi

                                   Fee was not deposited by the accused firm.

                                         Counsel for the respondent opposes.

                                         This Court after hearing submissions as well as perusing

                                   record of the case finds that learned trial court has rightly arrived

                                   at a conclusion that the goods in-question was for seeds and not

                                   for direct production, thus, conclusion arrived at by learned trial

                                   court is justified.

                                         No cause of interference is made out. The appeal is

                                   dismissed.


                                                                  (DR.PUSHPENDRA SINGH BHATI), J.

38-nirmala/Sanjay

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