- (1.) This misc. petition under S. 482, Cr. P.C. is directed against the order dt. 31-8-98 passed by the learned Addl. Chief Judicial Magistrate No. 3, Jodhpur in a case under S. 17 of the Rajasthan Agriculture Produce Act, 1961 (for short the Act of 1961).
(2.) The relevant facts of the case are these. Shri R. S. Kanawat, Secretary, Krishi Upaj Mandi Samiti, Jodhpur filed a criminal complaint against the petitioners with the allegations that they had purchased 'Desi Ghee' in 1993-94 from M/s. Rashtriya Chawal Vikreta, Udaipur, M/s. Sri Nath Trading Co., Udaipur, M/s. Bhagwati Trading Company, Udaipur and Shri Ram Kripa Trading Co. Udaipur for Rs. 31,28,213.25, and it was their duty to pay market fees and in fact, in the bills, it was shown that the market fees was paid, but factually it was not paid. It was averred that by avoiding the payment of market fees, accused (petitioners) committed offence under S. 17 of the Act and Rule 58(1) of the Rajasthan Agriculture Produce Rules, 1963. The learned Magistrate took cognizance against the petitioners and summoned them. On their appearance, the petitioners put in an application for recalling the order of taking cognizance. The learned Magistrate rejected the application by the impugned order.
(3.) Mr. Jasmatia, learned counsel for the petitioners, pointing out that the transaction of sale of 'Ghee' had taken place at Udaipur, contended that the market fees was chargeable by 'Mandi Committee' of Udaipur, and hence the Court at Jodhpur had no jurisdiction to take cognizance of the offence against the petitioners on the complaint filed by Secretary, Krishi Upaj 'Mandi' Samiti, Jodhpur. In this connection, he relied on the Notification No. 15(10) Agriculture/2B/90/S.O. 131 dt. 27-9-91 published in Rajasthan Gazette 4 Ga/Upkhand dt. 28-9-91 at page No. 223 issued, by the State Government, in exercise of its power under S. 17 of the Act of 1961.;