Research › Search › Judgment

Rajasthan High Court · body

2008 DIGILAW 1702 (RAJ)

Krashi Upaj Mandi Samiti, Ramganj Mandi v. Mohan Lal Suman

2008-07-15

MAHESH CHANDRA SHARMA

body2008
JUDGMENT 1. - This appeal has been filed by Krashi Upaj Mandi Samiti, Ramganj Mandi against the judgment and order dated 07.12.2000 passed by learned Addl. Chief Judicial Magistrate, Ramganj Mandi, Kota, in Criminal Appeal Case No. 759/99 by which the accused respondent Mohan Lal has been convicted and sentenced till rising of the court after depositing the Mardi Tax, for the offence u/s. 17 and 28(2) of the Rajasthan Agriculture Produce Market Act, 1961, (for short the Act'). 2. Brief facts of the case are that on 09.01.1999 Tulsi Ram, Secretary of the Krashi Upaj Mandi Samiti Ramganj Mandi, received an information that Suman Trading Co. and its proprietor Shri Mohan Lal Suman who 'Ka' class agent deposit the tax after collection of the Mandi Tax but for the year 1995-96, it was found that Mandi tax has been collected but the tax was not deposited in the Mandi Samiti. Notices were issued but reply was not given. Thus, Case No. 23/99 was registered for the offence u/s. 420, 406, 467, 471 IPC and sections 17 and 28(2) of the Act. After investigation, challan was filed. Charges were framed against accused respondent. The charges were read over and explained to the accused-respondents, but they pleaded not guilty and claimed for trial. During the course of trial of the case, accused respondents pleaded guilty and submitted the receipt of Mandi tax after deposition the same. Thus the prosecution closed the evidence. 3. After hearing both the sides, the learned trial court vide its judgment dared 07.12.2000 convicted the accused respondent Mohan Lal for the offence u/s. 17 and 28(2) of the Act till rising of the court. 4. Aggrieved from the aforesaid order and judgment of the learned trial court dated 07.12.2000, the Krishi Upaj Mandi Samiti, Ramganj Mandl through its Secretary, Harish Trivedi has preferred this appeal for enhancement of the punishment. 5. Learned counsel Shri Sudeep Mathur contended that the learned trial court has rightly convicted the accused respondent but the sentence awarded to him is completely on the lower side, hence the sentence should be increased. 6. On the other hand, the learned counsel Shri Rohan Jain appearing on behalf of the respondents has submitted that the sentence awarded by the trial court on 07.12.2000 has been undergone by him as awarded by the learned trial court, he deposited the Mandl tax amounting to Rs. 6. On the other hand, the learned counsel Shri Rohan Jain appearing on behalf of the respondents has submitted that the sentence awarded by the trial court on 07.12.2000 has been undergone by him as awarded by the learned trial court, he deposited the Mandl tax amounting to Rs. 25,504/- and about 8 years have been passed from the date of judgment of the trial court. The accused respondents belonged to the respected family. 7. For these reasons, I do not want to interfere in the impugned judgment. Hence, the appeal filed by the Karshi Upaj Mandi Samiti Kotputali is hereby dismissed after confirming tho judgment and order dated 07.12.2000 passed by the learned Addl. Chief Judicial Magistrate, Ramganj Mandi, Kota.Appeal Dismissed. *******