K.P.G. NAIR Vs. STATE

JUDGEMENT

(1.) PETITIONER has been imp leaded as accused No.4 in the complaint, filed by respondent No.2. As accused No. 4, in the memo of parties he is described as under : 'Mr. K.P.G. Nair, Executive'

(2.) MATERIAL allegations against the petitioner and other living human be ings imp-leaded as co-accused, i.e. accused Nos. 2, 3 and 5 are in para 10 of the complaint. Following is averred :--

(3.) SUFFICE would it be to note that where the main accused is a corporate entity, vis-a-vis living human beings imp-leaded as accused, there have to be positive averments that they were incharge of and were responsible to the company for the conduct of the business of the company or that the offence has been committed with the consent or connivance of or is attributable to any neglect on the part of said living human being.