9911796707
TMI Blog2011 (4) TMI 345X X X X Extracts X X X X X X X X Extracts X X X X ..... r the day-to-day affairs of the Company - It has to be borne in mind that in prosecutions in such like cases no roving enquiry is permissible and an obligation rests on the prosecution to give details so that the persons responsible so that the trial can proceed against them - Appeal is allowed - 1129 of 2006 - - - Dated:- 7-4-2011 - Harjit Singh Bedi and Chandramauli Kr. Prasad, JJ. REPR ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at the offence be compounded. This however could not go through for the reason that as per the allegation several similar offences had been committed by the Company within three years. An application under Section 482 was thereafter filed by the Chairman of the Company Mr. H.B. Lal and the appellant Subhankar Biswas the then Deputy General Manager raising several pleas, one of being based on Secti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... argued in the High Court that the complaint itself was not maintainable as it did not indicate as to who was responsible for the day-to-day affairs of the Company. After hearing both sides the High Court by its order of 24th March 2005 quashed the proceedings qua the Chairman Mr. H.B. Lal with following observations : Therefore in the absence of any specific averment regarding the role played ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Mr. Avijit Bhattacharjee, the learned counsel for the respondent-State, has however pointed out that the question as to the identity of the person(s) in charge of the day-to-day affairs of the Company was a matter of evidence and it was therefore imperative that the trial go on. 6. We have considered the arguments advanced by the learned counsel for the parties. We find absolutely no distinction ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
