DEEPAK MAHESHWARI, J. - (1.) This criminal appeal has been filed by Secretary, Krishi Upaj Mandi Samiti, Sriganganagar assailing the validity of the judgment dated 16.08.1991 passed by learned Addl. District and Sessions Judge No.2, Sriganganagar in regular criminal appeal No.52/86 whereby the learned Addl. Sessions Judge, reversed the judgment dated 4.2.1986 passed by Munsif and Judicial Magistrate, Sriganganagar and acquitted the accused respondent Nos.2 to 7 herein for the offence punishable under Sections 37(2) and 28(2) of the Rajasthan Agricultural Produce Markets Act, 1961 (for short, hereinafter referred to as "the Act of 1961").
(2.) At the threshold, learned counsel for the respondents stated that the respondent No.2 - Rameshwar Das S/o Tansukh Das has died on 18.1.1994. In support of this fact, he has submitted an attested photo copy of the death certificate of respondent No.2 - Rameshwar Das. The same is hereby taken on record. Accordingly, the appeal qua respondent No.2 Rameshwar Das is hereby abated.
(3.) Briefly stating the facts, a complaint was lodged by Krishi Upaj Mandi Samiti, Sriganganagar against six partners of M/s. Ganganagar Oil Mills, Sriganganagar for the offence punishable under Sections 37 (2) and 28 (2) of the Act of 1961 alleging that M/s. Ganganagar Oil Mills, Sriganganagar was licensee and sold cotton seeds oil to various firms mentioned in the complaint in the precincts of Mandi area but did not pay market fees leviable on those transactions. The learned Addl. Musif and Judicial Magistrate, First Class, Sriganganagar took cognizance based upon the said complaint and after examining PW-1 Sohan Singh - Secretary, Krishi Upaj Mandi Samiti, Sriganganagar, trial was concluded.;