- (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. Mr. Inderjeet Singh, the learned counsel for the appellant, has vehemently contended that a document was duly produced before the learned Magistrate clearly showing that both jaggery and sugar were imported from Muzaffarnagar. However, despite the said document, the learned Magistrate has acquitted the accused-respondent. Hence, the learned Magistrate has committed an illegality. Heard the learned counsel for the appellant and perused the impugned judgment. A bare perusal of the impugned judgment clearly reveals that the appellant has not been able to establish the fact that Rajendra Prasad Jain is the proprietor of the firm M/s Nakora Agency, Bheror. Secondly, there is no evidence to show that jaggery and sugar, imported by the firm, were actually brought into Khairthal, District Alwar. Thirdly, the complaint could not be based merely on the gate pass issued. Therefore, the learned Magistrate was certainly justified in acquitting the accused-respondent in the absence of cogent evidence. For, a distinction has to be made between an allegation levelled and the proof of the allegation. Although the allegations were levelled against the accused-respondent, the appellant has failed to prove the allegations. 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. ;