RISHADH KAIKUSHRU NOROJI Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioner has filed this petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of the criminal complaint No.409 of 2001 dated 7.11.2001 titled 'State Govt. of Haryana vs. Sanjay S.Bhonsale and others (Annexure P-1) under Sections 3 (k) (i) read with 29 (1) and 17 (1) (a) of the Insecticides Act, 1968 ('Act' for short) and all the subsequent proceedings arising therefrom.

(2.) Learned senior counsel for the petitioner has submitted that the petitioner was neither the managing director nor director of the company. Petitioner was also not responsible for the conduct of business of the company. Petitioner was merely a shareholder of the company and could not be fastened with criminal liability with regard to alleged violation of provisions under the Act. In support of his arguments, learned counsel has placed reliance on the decision of the Apex Court in 'State of NCT of Delhi versus Rajiv Khurana, 2010 3 RCR(Cri) 912', wherein, it has been held as under:-

(3.) Learned state counsel, on the other hand, has opposed the petition and has submitted that the petitioner was responsible for running the business of the company and was a major shareholder of the company.