9911796707
TMI Blog1996 (8) TMI 420X X X X Extracts X X X X X X X X Extracts X X X X ..... ised the managing director of J.J.T.V. Private Limited, namely, Mr. V. Bhaskaran, to negotiate and enter into a contract with any foreign supplier with transponder facility for a satellite T.V. channel, which the company proposed to launch. Mr. V. Bhaskaran had sent a fax to one Ramachandran of Singapore requesting for supply of camera and other goods to the company for which the petitioner had concurred. It is also stated that certain monies in foreign exchange were paid by one Raju of Malaysia to the company "Rimsat" of America and "Subic Bay" of Singapore for the purpose of satellite transponder facilities. In pursuance of the said deliberation Mr. Bhaskaran went to the Phillipines and after discussion, sent a fax message on December 15, 1994, to the petitioner about the arrangement and also about the off-the-record payment. The letter dated December 15, 1994, from the company addressed to Ramachandran of Singapore, regarding import of spares of Singapore dollars 1,36,000 in which Mr. Bhaskaran has specifically mentioned about the discussion with "Chinnamma" and also instructions given by her, which showed that she consented to payment for the goods, as no official payment was m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ence, the charge under section 9(1)( a ) of the Act against the company and the petitioner is charged under section 68(2) of the Act for that offence. Learned senior counsel appearing for the petitioner raised the following contentions : (1) accused identically placed since released, consistency requires that the petitioner also should be released on bail ; (2) she was not in charge of and responsible to the company for the conduct of the business of the company and she was only a chairperson since she happened to be the elder member of the family and as such there is no material to make her vicariously liable ; and (3) though he contended that as a lady she is entitled for bail, subsequently he confined his argument that in the event of release, there wall be no likelihood of fleeing from justice or tampering with the witnesses. In the event of such apprehension, severe conditions can be imposed to prevent such acts and urged that the arrest is without justification. In support of his contention that an accused similarly placed has already been released on bail and on account of desirability of consistency and equity, the petitioner is entitled for bail; he relied on a decis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... offence alleged was committed without the knowledge of such partner or that such person exercised all due diligence to prevent such offence. The requisite condition is that the partner should be in charge of or responsible for carrying on the business during the relevant time. In the instant case, the circumstances under which the transaction took place and the consent of the petitioner and taking the benefit by way of purchase of the tea estate, all show that she was not a mere partner without any knowledge of the day-to-day transaction of the firm. It is the case of the department that she has been actively taking part in the activities of the company and materials disclosed coupled with her explanation and other circumstances reveal that she did convey her consent to those unauthorised transactions. If a person who has committed contravention, who at the time the contravention was committed, was in charge of, and was responsible to, the company for the conduct of the business is guilty of the contravention and liable to be proceeded against. And when there is any material that the contravention has taken place with the consent or connivance of, or was attributable to the partner ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mination of the evidence and elaborate documentation of the merits of the case should be avoided, because no party should have the impression that his/her case has been pre-judged or prejudiced. To be satisfied about a prima facie case is needed but not an exhaustive exploration of the merits. In this context, it is proper to refer to the case decided by the apex court in State of Gujarat v. Mohanlal Jitamalji Porwal, AIR 1987 SC 1321. The apex court has held (page 1324) : "The cause of the community deserves equal treatment at the hands of the court in the discharge of its judicial functions. The community or the State is not a persona non grata whose cause may be treated with disdain. The entire community is aggrieved if the economic offenders who ruin the economy of the State are not brought to book. A murder may be committed in the heat of the moment upon passions being aroused. An economic offence is committed with cool calculation and deliberate design with an eye on personal profit regardless of the consequence to the community. A disregard for the interest of the community can be manifested only at the cost of forfeiting the trust and faith of the community in the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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