SHARADCHANDRA SHRIPAD MARATHE Vs. GURUSHANT GANGADHAR KAMBLE

JUDGEMENT

(1.) This is a petition by original accused No. 17 Sharadchandra Marathe in Criminal Case no. 9 of 1986 from the file of the Chief Judicial Magistrate, First Class, Pune seeking quashing of process issued by the learned Magistrate against the petitioner in the complaint filed against him along with other accused for the offences regarding evasion of excise duty and conspiracy. The original complaint filed before the trial Court by the first respondent is at Exhibit A to the petition.

(2.) On perusal of the complaint allegations and without recording any verification statement of the complainant, who is a public servant. The learned Magistrate was satisfied that there was a prima facie case against the petitioner accused No. 17 and has issued process according to law. The petitioner, however, challenges issuance of process on several grounds.

(3.) Before I appreciate the submissions of the counsel on either side the brief facts as alleged in the complaint may be stated as follows : The first respondent-complainant is the Assistant Collector of Central Excise, Pune. Original accused No. 1 is M/s Kirloskar Brothers Limited, while accused No. 2 is the Chairman and accused Nos. 3 to 18 are the Directors of the said Company. According to the allegations in the complaint, accused No. 3 to 17, who include the petitioner, accused No. 17 are Directors of accused No. 1 and were in charge and responsible to accused No. 1 for the conduct of business at the time of the commission of the offence. Accused Nos. 19 to 30 are senior executive officers of the said Company and were in charge of and responsible to accuse No. 1 for the conduct of business at the material time. Accused No. 31 is M/s. Kirloskar Proprietary Ltd. Accused Nos. 32 to 36 were the Directors of the said Company while accused No. 37 was the Secretary of accused No. 31 Company.