- (1.) This criminal revision petition has been filed under Section 397/401 Cr.P.C. against the judgment and order dated 02.06.1995 passed by District & Sessions Judge, Hanumangarh (for short "the appellate court") in Criminal Appeal No.28/94 (34/88) whereby the learned appellate Court dismissed the appeal filed by the accused-petitioner and upheld the conviction and sentence of the accused-petitioner recorded by the learned Judicial Magistrate, First Class No.1, Hanumangarh (for short "the trial court") vide judgment and order 04.07.1988 passed in Criminal Case No.324/79. By the said judgment, the learned trial Court convicted the accused-petitioner for offence under Section 28(2) of Rajasthan Krishi Upaj Vipnan Act, 1961 (hereinafter "the Act of 1961") and awarded sentence of one month simple imprisonment with fine of Rs.200/- and in default of payment of fine, further ordered to undergo 15 days additional simple imprisonment. The trial court further directed the accusedpetitioner to pay outstanding market fee of Rs.4897-76/- to the complainant Krishi Upaj Mandi Samiti Hanumangarh. The trial court further imposed late fee of Rs.49 per day on the aforesaid outstanding market fee payable from the date when the said amount became due till the filing of the complaint.
(2.) The facts of the case are that the complainant Secretary, Krishi Upaj Mandi Samiti, Hanumangarh submitted a written complaint before the Court against the accused-petitioner and two other accused under Section 28(2) of the Act of 1961 on 03.08.1979 alleging that between 28.11.1977 to 29.01.1979 they sold rice to various persons and firms. Upon the said sale, market fee at the rate of 1% was become due upon the accusedpersons but despite notice the said market fee was not paid by them.
(3.) On the said complaint, the case was registered and the accused-persons were summoned. Thereafter, the learned trial court framed charge against accused-persons for offence under Section 28(2) the Act of 1961, they pleaded not guilty and claimed trial.;