MOHAN LAL BAJORIA Vs. STATE OF BIHAR

JUDGEMENT

(1.) -In this application under section 482 of the Code of Criminal Procedure, the petitioners have assailed the validity of the cognizance taken against them by the Chief Judicial Magistrate, Gopalganj, on 1411.1974 for an offence under section 52 of the Bihar Sugarcane (Regulation of Supply and Purchase) Ordinance, 1974 (hereinafter to be referred to as the 'Ordinance'). Cognizance against the petitioners was taken on the basis of a complaint filed against them by the Cane Officer, Gopalganj. The Cane Officer alleged in the complaint petition that he had inspected the Gate Purchasing Centre of Vishun Sugar Mills Ltd. on 15.1.1974 at 10 a.m. It may be mentioned here that the petitioner No. 1 was th'3 Managing Director of the aforesaid Sugar Mills. Petitioner Nos. 2 and 3 are employees of the said Mills. The Cano Officer stated further that a cart load of sugarcane was weighed and the gross weight was found to be 1842 quintals A weighment receipt had been granted earlier to the cane grower for that cart load of sugarcane and the weighment showed that the gross weight was 1817 quintals. Thus there was a difference of 25 Kg. in the weighment The Cane Officer alleged that a short weight was mentioned in the weighment receipt in order to deprive the cane grower of his legitimate price of the sugarcane. This was an offence under section 39 of the Ordinance, which is punishable under section 52 of the same. The Cane Officer prayed that the entire security money of the Manager of the Mills be forfeited and the accused be prosecuted. It was on this complaint that cognizance was taken against the petitioners and one more person who has not come up before this Court to challenge the order of the learned Magistrate.

(2.) The learned counsel for the petitioners submits that the allegation made in the complaint did not make out any offence against the petitioners and, therefore, the order taking cognizance against them was bad. For a proper appreciation of the submissions, reference has to be made to section 39 of the Ordinance which is as follows :

(3.) The contention of the petitioner No. 1, Mohan Lal Bajoria, is that he ceased to be a Managing Director of the Mills with effect from 24.9.1971 by virtue of a resolution passed by the Board of Directors of the Vishun Sugar Mills Ltd. held on that date. A copy of the resolution has been annexed as Annexure "2" to the application. It contains extract from the minutes of the Board meeting dated 24.9.1971 which is as follows :