MADAN MOHAN NAYAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition has been moved by Madan Mohan Nayar, Rakesh Nayar and Ajay Nayar seeking quashing of criminal complaint bearing No. 424 dated 8.3.2007 (Annexure P-1) pending in the Court of Shri K.S. Cheema, learned Chief Judicial Magistrate, Ludhiana, the summoning order of even date passed in the complaint as well as all the subsequent proceedings taken in pursuance thereof.

(2.) THE brief facts giving rise to this petition are that respondent No. 2 has lodged complaint, Annexure P-1 under Sections 41-43 read with Section 62 of the Standards of Weights and Measures Act, 1976 (hereinafter to be referred as the Act) in the Court of learned Chief Judicial Magistrate, Ludhiana, containing the allegations that after conducting inquiry, the officers of the Legal Metrology Department, Patiala and Jalandhar gave reports to Controller, Legal Metrology Punjab vide letter No. 135 dated 22.3.2004. On the basis of the inquiry, Inspector Legal Metrology, Ludhiana-III, booked a case on 1.4.2004. As per alleged inquiry, it was found that the petitioners Madan Mohan Nayar, Rakesh Nayar and Ajay Nayar of M/s. FMI Ltd, Ferozepur Road, Ludhiana, had supplied/distributed and delivered standard tape measures to various States in the Inter State transaction as per records given by them without verification and stamping by the Weights and Measures Department. On receiving the complaint, Annexure P-1, the above mentioned Court passed order dated 8.3.2007, Annexure P-2 and issued notice without application of mind. A bare perusal of Section 62 of the Act reveals that the punishment prescribed therein is fine, which may extend to Rs. 10,000/- and for the second or subsequent offence, the punishment is imprisonment for a term which may extend to 7 years and also with fine. The alleged offences which the petitioners have otherwise never committed is the first offence meaning thereby that the punishment prescribed for the same is fine. As per the mandatory provisions of Sections 468 and 469 of the Code of Criminal Procedure, the maximum period within which Annexure, P-1 should have been filed, was six months from the date of commission of the alleged offence, which as per the allegations made in the complaint was committed in the year 2004. In this view of the matter, Annexure P-1 is liable to be quashed straightaway on the ground of being barred by limitation. As per the provisions of Section 64 of the Act, which is in para materia with that of Section 141 of the Negotiable Instruments Act, in the event of an offence under the Act having been committed by a Company, every person who at the time when the offence was committed, was incharge and was responsible to the Company for the conduct of the business of the Company as well as the Company shall be deemed to be guilty of the offence. In the present case, there is not even an iota of allegations in the complaint that the petitioners were incharge and were responsible for the conduct of the business of the Company. Keeping in view the totality of the facts and circumstances mentioned above as well as legal aspect of the matter, the complaint Annexure P-1, the summoning order Annexure P-2 as well as the subsequent proceedings taken in pursuance thereof being patently illegal and e gross abuse of the process of the Court, may be quashed.

(3.) I have heard Mr. Sunil Chadha, Advocate appearing on behalf of the petitioners as well as Ms. Manjari Nehru, Deputy Advocate General, Punjab, for the State of Punjab besides going through the record with due care and circumspection.