9911796707
TMI Blog2015 (2) TMI 1117X X X X Extracts X X X X X X X X Extracts X X X X ..... Under Section 420 of the Indian Penal Code against the Appellant, the present appeal has been preferred by special leave. 2. BEREFT of unnecessary details, the facts which are necessary to be stated are that the Appellant is the Managing Director M/s. Sanghi Brothers (Indore) Ltd., Indore which is a registered company duly incorporated and registered under the Companies Act, 1956 and is engaged in the business of automobile sale, finance and shipping etc. having branches at various places including the city of Bhopal. The Respondent -complainant obtained a quotation from the Bhopal Branch for purchase of a TATA Diesel vehicle model SFC 709/38 LB in the month of April 1998 and the vehicle was delivered to the Respondent on 01.05.1998 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rned Magistrate had no territorial jurisdiction; that there was no deceit by the Respondent; that the company was not made an accused in the complaint and, therefore, the complaint was not maintainable; and that there was no mens rea. The High Court, as is manifest from the order impugned, repelled all the submissions and dismissed the application for quashment. We have heard Mr. Sidharth Luthra, learned senior Counsel for the Appellant and Mr. Akshat Shrivastava, Learned Counsel for the Respondent. 5. IT is not in dispute that the vehicle was purchased by the Respondent on 01.05.1998. The invoice contained a different engine number than the engine that was fitted into the vehicle. The Respondent lodged the complaint on 08.05.2001. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... any officer of a company, it is essential to make requisite allegation to constitute the vicarious liability. In Maksud Sajyad v. State of Gujarat : (2008) 5 SCC 668, it has been held, thus: Where a jurisdiction is exercised on a complaint petition filed in terms of Section 156(3) or Section 200 of the Code of Criminal Procedure, the Magistrate is required to apply his mind. The Penal Code does not contain any provision for attaching vicarious liability on the part of the Managing Director or the Directors of the Company when the accused is the Company. The learned Magistrate failed to pose unto himself the correct question viz. as to whether the complaint petition, even if given face value and taken to be correct in its entirety, would l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gest that ground should be made out in the complaint for proceeding against the Respondent. It is settled law that at the time of issuing of the process the Magistrate is required to see only the allegations in the complaint and where allegations in the complaint or the charge -sheet do not constitute an offence against a person, the complaint is liable to be dismissed. After so stating, the Court analysed Section 141 of the Act and after referring to certain other authorities answered a referent and relevant part of the answer reads as follows: It is necessary to specifically aver in a complaint Under Section 141 that at the time the offence was committed, the person accused was in charge of, and responsible for the conduct of business ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ents, evidence and arguments that accused company has committed cheating with the complaint by delivering old and accidented vehicle to her at the cost of a new truck. Accordingly, prima -facie sufficient grounds exist for registration of a complaint against the accused Under Section 420 of Indian Penal Code and is accordingly registered. 9. WHEN the company has not been arraigned as an accused, such an order could not have been passed. We have said so for the sake of completeness. In the ultimate analysis, we are of the considered opinion that the High Court should have been well advised to quash the criminal proceedings initiated against the Appellant and that having not been done, the order is sensitively vulnerable and accordingly we s ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
