Appeal against acquittal in a prosecution for doing business without a licence dismissed as lower court was correct on limitation grounds.
Appeal dismissed.
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THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO CRL.A.NO.551 OF 2005
JUDGMENT:-
The appeal is filed against the acquittal of the respondent/ accused in STC.No.33 of 2005 on the file of the Court of Additional Judicial Magistrate of First Class, Kovur.
A prosecution has been launched against the accused for doing business without a licence for the years 1998-99 and 2000-2001.
The court below after appreciation of the evidence found that there is no proof of doing the business during that period. However, the court also found that the limitation for filing of the complaint is one year and in this case the complaint was filed on 17-12-2002 which is one year after 1-52001 and consequently the lower court has acquitted the accused.
Therefore, I do not find any infirmity or illegality in the order of the court below calling for interference. Therefore, the appeal is liable to be dismissed.
Accordingly, the appeal is dismissed.
___________________ N.R.L. NĀGESWARA RĀO,J
13-02-2012 TSNR
THE STATE
THE ACCUSED
N.R.L.NAGESWARA RAO
As recorded by the court registry
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