M.C. Sharma, J. - (1.) Krishi Upaj Mandi Samiti Khanpur has submitted an appeal against the judgment and order dated 19.09.1996 passed by Civil Judge (Jr. Division) and Judicial Magistrate, Khanpur in Criminal Case No. 169/91 by which he has acquitted the accused -respondent and the complaint was dismissed. In brief, the facts of the case are as under: - - Krishi Upaj Mandi Samiti, Khanpur has been established in Khanpur, District Jhalawar and the respondents did business from March 1988 of the agricultural produce. Mandi Shulk amounting to Rs. 1800/65 was outstanding and for that cheque was given on 31.3.1988 and receipt was also given by the Cashier of the Samiti, but when the cheque was rendered for encashment in Jhalawar Kendriya Sahkari Bank, Khanpur, then on 7.4.1988 it was returned with a note 'Refer to drawer'. On this the Secretary wrote a letter to the respondents to deposit the Shulk with late fees and again notice has been given on 4.8.1988, but till date the amount was deposited and, therefore, a complaint under Sec. 17 read with 28 of the Rajasthan Agricultural Produce Market Act 1961 was filed against the respondents.
(2.) On 13.12.1994 the substances were read over and explained to the accused -respondent for the offence under Sec. 17 and 28 of Rajasthan Krishi Upaj Mandi Samiti Act 1961. The accused -respondent pleaded not guilty and claimed trial.
(3.) Thereafter the statements of PW -1 Mahendra Singh, PW -2 Ramesh Kumar, PW -3 Dharmchand and PW -4 Sriram were recorded got exhibited some documents. (Ex. P -1 to Ex. P -3) Thereafter the statements of the accused -respondents under Sec. 313 Cr.P.C. were recorded.;