VIDYA MURKUMBI Vs. INDIA SUGARS AND REFINERIES LIMITED

JUDGEMENT

(1.) THE Chairperson and Director, Managing Director and Directors of a Company incorporated under the Companies Act, in the name and style of M/s. Shree Renuka Sugars Limited are in petition seeking to quash the proceedings on Private Complaint bearing No.4/2009, now converted to C.C. No.309/2009 on the file of the Pr1. Civil Judge (Jr. Dn.) and JMFC, Hospet, initiated by the first respondent for the contravention of the provisions of Sugar Cane (Control) Order, 1966, an offence punishable under the provisions of Section 3 of the Essential Commodities Act, 1955 (for short, the 'E.C. Act'). THE Company of which the petitioners are Managing Director and Directors is not in the party array nor the State, even though it is stated that the private complaint has now transformed into a criminal prosecution.

(2.) I have heard Sri Veeresh R. Budihal and Prashant Goudar, learned Counsel for the petitioners and Senior Advocate Sri Shantanu, learned Counsel for respondent No.1, who have at length urged for and against the relief sought for in the petition and have supplemented their arguments drawing citational support from various decisions of this Court and the Apex Court.

(3.) IN short, the complainant's case is that a minimum procurement rate is fixed for sale and purchase of sugar cane. Reference is made to clause 6 of the said order, which empowers the Central Government to reserve an area for each sugar factory having regard to its crushing capacity and the minimum quantity of sugar cane that is required for the purpose of crushing and thereby, restricting sale or purchase inter alia between any other Factory and the growers except notified factories. Such factory is indicated in the notification. The complainant claims to have such preferential right of procurement under such orders from the cane growers in the notified area.