MUKESH D.AMBANI @ MUKESH AMBANI, CHAIRMAN & MANAGING DIRECTOR, RELIANCE INDUSTRIES LIMITED Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This application has been filed for quashing of the entire criminal proceeding of Complaint Case No. C-III-57 of 2013 including the order dated 22.2.2013 whereby and whereunder, learned Addl. Chief Judicial Magistrate, Ranchi has taken cognizance of the offence punishable under Section 48 of the Jharkhand Agriculture Produce Market Act, 2000, against the petitioner and others. The case of the prosecution in brief is that Reliance Fresh Limited, who does have several outlets in the market area of Ranchi and have been doing business in each of its outlet, without there being any license granted under Rule 98 of the Jharkhand Agriculture Produce Market Rules, though as per the Rules, the Company does require to have license for each of the outlets for running business.

(2.) According to Mr. Anil Kumar Sinha, learned Senior Counsel, the Company does not require to have license for each of the outlets but presently he will not be going into the matter, rather order taking cognizance is being sought to be quashed on the ground that the petitioner, who has been described as Managing Director, is being prosecuted, without there being any allegation of being responsible to or in-charge of day-to-day affair of the Company.

(3.) In this respect, it was submitted that this petitioner never happened to be the Managing Director of the Company of the Reliance Fresh Limited, rather the petitioner happens to be the Chairman-cum-Managing Director of Reliance Industries Limited, but since this fact is being disputed by the counsel appearing for the other side, presently he would not be taking this point that the petitioner never happens to be the Director of the Reliance Fresh Limited, but assuming that the petitioner is the Director of the Company, still he is not liable to be prosecuted in absence of any allegation that the petitioner was responsible to or in-charge of day-to-day affairs of the Company and only the person responsible to or in-charge of day-to-day affair can be prosecuted in terms of the provision, as contained in Explanation 48 of the Jharkhand Agriculture Produce Market Act, which provision is similar to the provision as contained in Section 141 of the Negotiable Instruments Act.